Resale price maintenance: a comparative study between the European Union and Malaysian competition laws
Mohd Safri Mohammed Na'aim1.
Resale Price Maintenance (hereinafter ‘RPM’) can be defined as the practice whereby a manufacturer and
a distributor agree that the former will sell the latter’s products at certain prices. RPM may take a variety
of forms including fixed, minimum, maximum, or recommended resale prices. In general, practice of
RPM may restrict the distributors’ freedom of setting their prices at the downstream level henceforth
attracting the application of competition law. The paper aims to analyse the legal status of RPM in the
context of competition law in European Union and Malaysia including the ways RPM is able to restrict
competition. This paper contains a detailed analysis of Article 101 of the Treaty on the Functioning of
the European Union (hereinafter ‘TFEU’), the Competition Act 2010 (hereinafter ‘CA 2010’), related
regulations, guidelines, case law, and scholarly writing in this area. The paper concludes that not all forms
of RPM are prohibited under these two jurisdictions. Some of them are deemed illegal or anti-competitive
because they are likely to harm competition and some of them may be permitted subject to the fulfilment
of certain conditions.
Affiliation:
- Universiti Teknologi MARA, Malaysia
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