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Since 1997, US courts have divided price fixing into two categories: vertical and horizontal maximum price fixing. [6] Vertical price fixing includes a manufacturer's attempt to control the price of its product at retail. [7] In State Oil Co. v. Khan, [8] the U.S. Supreme Court held that vertical price fixing is no longer considered a per se ...
Vertical restraints are to be distinguished from so-called "horizontal restraints", which are found in agreements between horizontal competitors. Vertical restraints can take numerous forms, ranging from a requirement that dealers accept returns of a manufacturer's product, to resale price maintenance agreements setting the minimum or maximum ...
A vertical agreement is a term used in competition law to denote agreements between firms at different levels of a supply chain.For instance, a manufacturer of consumer electronics might have a vertical agreement with a retailer according to which the latter would promote their products in return for lower prices.
Resale price maintenance (RPM) or, occasionally, retail price maintenance is the practice whereby a manufacturer and its distributors agree that the distributors will sell the manufacturer's product at certain prices (resale price maintenance), at or above a price floor (minimum resale price maintenance) or at or below a price ceiling (maximum resale price maintenance).
In State Oil Co. v. Khan, [9] and then Leegin Creative Leather Products, Inc. v. PSKS, Inc., [10] the Supreme Court held that vertical price fixing (for example, agreed upon between manufacturers and retailers of their products) is no longer to be considered a per se violation of the Sherman Act, but should be evaluated under a rule of reason.
These practices include mergers, cartels, collusions, price-fixing, price discrimination and predatory pricing. On the other hand, the second category is vertical restraint which implements restraints against competitors due to anti-competitive practice between firms at different levels of the supply chain e.g. supplier-distributor ...
Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), is a US antitrust case in which the United States Supreme Court overruled Dr. Miles Medical Co. v. John D. Park & Sons Co. [1] Dr Miles had ruled that vertical price restraints were illegal per se under Section 1 of the Sherman Antitrust Act.
The ACCC instituted proceedings against British Airways seeking penalties for alleged price fixing contraventions relating to fuel surcharges applied to international carriage of air cargo between 2002 and early 2006. [1]