In the US, NERA has been retained in a number of important matters involving vertical relationships and challenged vertical restraints. Our economists have analyzed the competitive implications of vertical arrangements in industries as diverse as pet food, soft drinks, software, coal, and franchising (including, for example, restaurants, tools, and professional sports). We assess the competitive impact of practices such as territorial exclusivity, co-operative advertising programs, and resale price maintenance. Our analyses have been presented to Federal and state investigative agencies and in Federal and state courts.

NERA's European competition team is at the forefront in pushing for a more rigorous economic approach to the assessment of vertical restraints. Our experts have analyzed the economic impact of numerous agreements between firms at different levels of the supply chain, including selective distribution, exclusive distribution, exclusive dealing, and the impact of recommended retail prices. NERA plays an important ongoing role in this evolving area of European competition policy.