Keywords
object or effect agreements, imposing fixed and minimum resale prices, aim of competition law, consumer’s welfare
Abstract
The aim of this article is to assess the correctness of the Polish competition offices’ approach to consider vertical agreements related to the imposition of fixed and minimum resale prices as forbidden per se due to their object and the possibility to reformulate the principles which apply to the assessment of such agreements in light of their positive market effects. The assessment is carried out by analysing the concept of anti-competitiveness of agreements in light of the object or effects criterion and the aim of competition law. This analysis leads to the conclusion that as far as vertical agreements related to the imposition of fixed and minimum resale prices are concerned, it is impossible to predetermine in an a priori manner that they have an anti-competitive object and that the mere fact of concluding them results in a law violation. Given the possible positive effects of such agreements, it seems necessary to carry out a deeper analysis of their anti-competitiveness on the basis of the assessment of their effects.
Recommended Citation
Fidala, J. (2012). Imposing minimum and fixed resale prices from the perspective of its object and market effects. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 1(3), 26-42. Retrieved from https://press.wz.uw.edu.pl/ikar/vol1/iss3/2
First Page
26
Last Page
42
Page Count
16
Publisher
University of Warsaw
