Antitrust & Competition Policy Blog

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

Friday, November 8, 2013

Resale Price: Australian Experience and Perspectives

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.

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