Antitrust & Competition Policy Blog

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

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Monday, April 6, 2009

Private Labels, Brands and Competition Policy: The Changing Landscape of Retail Competition

Posted by D. Daniel Sokol

Ariel Ezrachi
of University of Oxford's Faculty of Law is the editor of the Private Labels, Brands and Competition Policy: The Changing Landscape of Retail Competition.

BOOK ABSTRACT: The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and question the adequacy of current economic and legal analysis in light of the characteristics of own-label competition. It contains a collection of essays developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

PART I: THE NATURE OF RETAIL COMPETITION 1. Private labels - what drives them forward, Richard Herbert 2. The business model for manufacturers' brands, Dick Bell 3. Bargaining between retailers and their suppliers, John Thanassoulis & Howard Smith PART II: MARKET POWER AND THE ABUSE OF DOMINANCE 4. Market power in consumer goods industries, Robert L Steiner 5. Private labels and branded goods: Consumers' "horrors" and "heroes", Paul W Dobson & Ratula Chakraborty 6. Private Labels and Article 82 EC, Andres Font Galarza PART III: VERTICAL RESTRAINTS 7. Private labels, dual distribution and vertical restraints: An analysis of the competitive effects, David Gilo 8. The vertical/horizontal dichotomy in competition law: some reflections with regard to dual distribution and private labels, Ioannis Lianos PART IV: IN-STORE COMPETITION, PRICING, MARKETING AND ADVERTISING 9. Retailer and private labels: asymmetry of information, in-store competition and the control of shelf space, Pieter Kuipers 10. Misleading packaging, copycats and look-alikes: an unfair commercial practice?, Ulf Bernitz 11. Private labels, product variety, and price competition - lessons from the German grocery sector, Rainer Olbrich, Gundula Grewe & Ruth Orenstrat 12. Advertising, promotional campaigns and private labels, Ariel Ezrachi & Jonathan Reynolds PART V: RETAIL CONSOLIDATION AND THE USE OF REMEDIES 13. Retail consolidation: the implications of mergers and buying alliances, John Ratliff 14. Retail competition - the use of ex-ante and ex-post remedies, Alistair Gorrie PART VI: PRIVATE LABALES - THE US EXPERIENCE 15. United States competition law policy - the private label experience, Jeffrey Schmidt & Terry Calvani PART VII: CONSUMER WELFARE AND ENFORCEMENT STANDARD 16. The 'consumer welfare' standard as a form of substantive protection for consumers under European competition law, Philip Marsden & Peter Whelan 17. Welfare objective and enforcement standard in competition law, Renato Nazzini

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