Friday, July 17, 2015
Steve Cernak (Schiff Harden) has an excellent new book geared towards practitioners - Antitrust in Distribution and Franchising. His is the first book launched from a new LEXISNEXIS ANTITRUST LAW & STRATEGY SERIES for which I serve as the consulting editor.
BOOK ABSTRACT: Antitrust in Distribution and Franchising is accessible and actionable information primarily about antitrust law in the context of various aspects of distribution system agreements. The goal of Antitrust in Distribution and Franchising is to provide high-level practical and conceptual guidance and general training for use in understanding the concepts and protocols involved in vetting distribution and franchising agreements and practices for antitrust law compliance.
Some topics in Antitrust in Distribution and Franchising include: determining the relevant market; resale price maintenance agreements and other vertical restraints; tying; price discrimination; state antitrust laws, etc., and other antitrust issues related to different categories of distribution and franchising arrangements. Its aim is to provide a practically oriented frame of reference for reaching a working hypothesis on whether a distribution or franchise agreement reduces rivalry resulting in likely appreciable anticompetitive effects and, if so, whether those effects are outweighed by pro-competitive efficiency gains benefitting customers.