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Does the Per Se Rule Deter Vertical Price-Fixing?

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  • Butz, David A

Abstract

Manufacturers can easily circumvent legal restrictions on resale price maintenance. They can coordinate and finance their retailers' meet-the-competition price guarantees and guarantee the margins of retailers damaged by price-cutting rivals. Or they can offer various other rewards to outlets that do not discount. Hence, no retailer wants to discount first and, in equilibrium, all charge the 'suggested' resale price. Antitrust enforcers who want to prevent manufacturers from controlling resale prices would need to scrutinize the whole range of transfers between manufacturers and retailers. Unfortunately, doing so could state essential services and penalize innocent firms. Copyright 1996 by Oxford University Press.

Suggested Citation

  • Butz, David A, 1996. "Does the Per Se Rule Deter Vertical Price-Fixing?," Economic Inquiry, Western Economic Association International, vol. 34(4), pages 770-780, October.
    • Handle: RePEc:oup:ecinqu:v:34:y:1996:i:4:p:770-80
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    Cited by:

    1. Andrei Bazhanov & Yuri Levin & Mikhail Nediak, 2019. "Resale Price Maintenance with Strategic Customers," Production and Operations Management, Production and Operations Management Society, vol. 28(3), pages 535-549, March.
    2. Pinar Akman & Morten Hviid, 2005. "A Most-Favoured-Customer Guarantee with a Twist," Working Papers 05-8, Centre for Competition Policy, University of East Anglia.
    3. Haresh Gurnani & Yi Xu, 2006. "Resale price maintenance contracts with retailer sales effort: Effect of flexibility and competition," Naval Research Logistics (NRL), John Wiley & Sons, vol. 53(5), pages 448-463, August.
    4. Bazhanov, Andrei & Levin, Yuri & Nediak, Mikhail, 2015. "Quantity Competition in the Presence of Strategic Consumers," MPRA Paper 62075, University Library of Munich, Germany.
    5. Aviv, Yossi & Bazhanov, Andrei & Levin, Yuri & Nediak, Mikhail, 2016. "Quantity Competition under Resale Price Maintenance when Most Favored Customers are Strategic," MPRA Paper 72011, University Library of Munich, Germany.
    6. Heywood, John S. & Wang, Shiqiang & Ye, Guangliang, 2018. "Resale price maintenance and spatial price discrimination," International Journal of Industrial Organization, Elsevier, vol. 57(C), pages 147-174.
    7. Yong Liu & Michael J. Fry & Amitabh S. Raturi, 2006. "Vertically restrictive pricing in supply chains with price‐dependent demand," Naval Research Logistics (NRL), John Wiley & Sons, vol. 53(6), pages 485-501, September.
    8. Butz, David A, 1997. "Vertical Price Controls with Uncertain Demand," Journal of Law and Economics, University of Chicago Press, vol. 40(2), pages 433-459, October.
    9. Jonathan Beck, 2004. "Fixed, Focal, Fair? Book Prices Under Optional Resale Price Maintenance," CIG Working Papers SP II 2004-15, Wissenschaftszentrum Berlin (WZB), Research Unit: Competition and Innovation (CIG).

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