Comparative economic-legal analysis of vertical restrictive agreements with a focus on the resale price maintenance

Abstract

The paper article contains a comparative analysis of the legal treatment of resale price maintenance (RPM) agreements. The comparative analysis is based on the US antitrust, EU competition, and Republic of Serbia competition laws. These agreements still cause numerous discussions among authors without a unique position about their practical application. The paper article also considers and presents the basic market effects these agreements could cause in practice. Based on comparative analysis and consideration of different approaches in their treatment, the conclusion is that a new flexible approach is needed to measure the effects of RPM agreements on the market in general, market participants, and consumers. Accordingly, the authors recommend improving competition law in the Republic of Serbia.