A few decades after Dr. Miles, scientists began to question the assertion that minimum resale price retention, a vertical restriction, was the economic equivalent of a bare horizontal agreement. In 1960, Lester G. Telser, an economist at the University of Chicago, argued that manufacturers could use minimum resale prices as an instrument to ensure that distributors participate in the desired advertising of a producer`s product through local advertisements, product events, etc. In the absence of such contractual restrictions, Telser says, no frills distributor could “liberate” the advertising efforts of full-service distributors, thereby undermining distributors` incentives to spend resources for advertising purposes. By decision of 16 March 2020, the Competition Authority fined the Apple Group (“Apple”) 1.1 billion euros. In 1980, the U.S. Supreme Court found that the lifting of Miller-Tydings implied that the Sherman Act`s total ban on vertical price agreements was effective again and that even California`s 21st Amendment for Spirit Drinks could not protect against the scope of the Sherman Act. California Liquor Dealers v. Midcal Aluminum Aluminum 445 U.S. 97 (1980). Thus, maintaining the resale price from 1975 until the 2007 leegin decision was no longer legal in the United States. In recent years, franchising has become an increasingly popular sales structure throughout the EU.
A franchise is a vertical agreement and should therefore not contain any of the severe restrictions set out in the VBER to qualify for the category exemption. Nevertheless, it is (…) Also known as vertical pricing, RPM refers to agreements or practices between companies at different levels in a distribution channel, a company deciding the resale price at which a product or service must be sold by a distributor. As an intra-brand vertical restriction, RPM regulates the resale price of a particular manufacturer`s products or services.