Resale Price Maintenance Following Leegin: US and Canadian Perspectives

16 May 2011
Hosted By: The Economics, International, and Pricing Conduct Committees of the ABA Antitrust Section, and The Economics and Law Committee of the Competition Law Section of the CBA

Legal standards for judging resale price maintenance (RPM) recently have changed in both the US and Canada. In the US, as a result of the Supreme Court's Leegin decision, RPM is no longer considered a per se offense but must be judged under the rule of reason, while in Canada, amendments to the 2009 Competition Act decriminalized RPM and introduced a market effects approach more in line with Leegin. Under current Canadian law, the Competition Tribunal may prohibit RPM that has or is likely to have an adverse effect on competition. In light of this broader scope for rule of reason analysis in assessing RPM in the US and Canada, the ABA and CBA co-hosted a teleconference on 16 May 2011. The program drew on perspectives from leading antitrust economists in the US and Canada to explore the circumstances under which RPM is or is not detrimental to competition and consumers. Dr. Michael Baye, the Bert Elwert Professor of Business at Indiana University's Kelley School of Business and a Special Consultant to NERA, served as a panelist.

To contact us about this event, please click here.