Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Wednesday, April 1, 2009

Anti-Competitive Effects of Resale-Below-Cost Laws

Posted by D. Daniel Sokol

Marie-Laure Allain (Department of Economics, Ecole Polytechnique) and Claire Chambolle (Department of Economics, Ecole Polytechnique) describe the Anti-Competitive Effects of Resale-Below-Cost Laws.

ABSTRACT: We show that resale-below-cost laws enable producers to impose industry-wide price-floors to retailers. This mechanism suppresses downstream competition but also and more surprisingly dampens upstream competition, leading to higher prices and lower welfare. Price-floor may be more profitable for producers than resale price maintenance contracts and, when a resale price maintenance restraint may have ambiguous effect on welfare, price-floors are always welfare damaging. Retailers' buyer power appears as a key for a price-floor to work out.

http://lawprofessors.typepad.com/antitrustprof_blog/2009/04/anticompetitive-effects-of-resalebelowcost-laws.html

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