Resale Price Maintenance: Implications of Marketing Trends for the Colgate Doctrine and the Leegin Factors

2019 ◽  
Vol 39 (1) ◽  
pp. 48-61 ◽  
Author(s):  
Gregory T. Gundlach ◽  
Riley T. Krotz
Keyword(s):  
Marketing Channel ◽  
Pricing Strategy ◽  
Resale Price Maintenance ◽  
Competitive Effects ◽  
Resale Price ◽  
The Impact ◽  
Price Maintenance ◽  
Channel Systems ◽  
Price Policies

Resale price maintenance (RPM) is a channel pricing strategy that restricts the price below which a reseller may sell a manufacturer’s product. More than $300 billion in U.S. sales are affected annually by RPM agreements. Adopting a marketing perspective and analyzing trends in distribution arrangements and marketing channel systems, the authors offer predictions regarding the antitrust treatment of RPM following the Supreme Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. (2007). This research furthers the understanding of the role of the prior Colgate doctrine in establishing the existence of an RPM agreement and the impact of the new Leegin factors for assessing the competitive effects of RPM. Implications for stakeholders affected by RPM and related unilateral price policies are discussed.

Deterring Fraud: The Role of Resale Price Maintenance

1986 ◽  
Vol 59 (3) ◽  
pp. 433
Author(s):  
Robert F. Springer ◽  
H. E. Frech III
Keyword(s):  
Resale Price Maintenance ◽  
Resale Price ◽  
Price Maintenance

Argumentation of the Courts and Contemporary Legal Scholarship

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Case Law ◽  
Copyright Law ◽  
Court Case ◽  
Supply Side ◽  
Resale Price Maintenance ◽  
Goods And Services ◽  
Supreme Court Case ◽  
Resale Price ◽  
The One ◽  
Price Maintenance

This chapter analyzes existing U.S. Supreme Court case law with respect to, on the one hand, antitrust’s minimum resale price maintenance plans, bundling and tying practices, as well as refusals to deal, and, on the other hand, trademark law’s dilution, postsale, sponsorship, and initial interest confusion doctrines, including design patent and selected areas of copyright law. It demonstrates that courts, based on the free riding hypothesis, have come to protect increasing amounts of artificial shortage of everyday consumer goods and services and corresponding incentives to innovate. Through the preservation of such values, antitrust and intellectual property laws have evolved into “dilution laws” and have focused, almost exclusively, on the refurbishment of the technological supply side of our present-day digital economies rather than also on the human demand side of “creative consumption.”

scholarly journals Market buoyancy, information transparency and pricing strategy in the Scottish housing market

Urban Studies ◽  
2021 ◽  
pp. 004209802199178
Author(s):  
Nan Liu
Keyword(s):  
Pricing Strategy ◽  
Selling Price ◽  
Trade Off ◽  
Information Transparency ◽  
North East ◽  
Sealed Bid ◽  
Strategy Changes ◽  
The Impact ◽  
Role Of Information

In housing markets there is a trade-off between selling time and selling price, with pricing strategy being the balancing act between the two. Motivated by the Home Report scheme in Scotland, this paper investigates the role of information symmetry played in such a trade-off. Empirically, this study tests if sellers’ pricing strategy changes when more information becomes available and whether this, in turn, affects the trade-off between the selling price and selling time. Using housing transaction data of North-East Scotland between 1998Q2 and 2018Q2, the findings show that asking price has converged to the predicted price of the property since the introduction of the Home Report. While information transparency reduces the effect of ‘overpricing’ on selling time, there is little evidence to show that it reduces the impact of pricing strategy on the final selling price in the sealed-bid context.

Sign in / Sign up

Export Citation Format

Share Document