Some Reflections on Resale Price Maintenance

Abstract:
The proper treatment of resale price maintenance under Article 81 continues to give rise to heated debates. This contribution discusses whether it is correct to continue to treat this type of business conduct as a hardcore restraint under Article 81. It does so in light of the experience gained under Regulation 2790/1999 and national competition law, as well as the judgment of the US Supreme Court in Leegin of 28 June 2007 and the draft regulation and guidelines on vertical restraints published in July 2009.