Friday, November 8, 2013
Philip H. Clarke & Julie N. Clarke (Deakin University) offer Resale Price: Australian Experience and Perspectives.
ABSTRACT: The prohibition of RPM occupies a special position in Australian competition law. It was the first anticompetitive practice to be specifically outlawed when Australian competition law commenced in earnest in the 1970s, is a per se offense, has been expanded in scope rather than curtailed, and, unlike most other jurisdictions, is not inhibited by the requirement that there be an agreement to fix a resale price. As result, it is a powerful prohibition that applies to unilateral conduct designed to achieve RPM as well as RPM agreements between suppliers and retailers.