The question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic.
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Dr. Christy L. Kollmar, Esq. has been a licensed practicing attorney in the United States since 2007 and is a member of the District of Columbia, Wyoming, Montana and Washington bars, including five federal court jurisdictions. After obtaining her Baccalaureate of Arts (BA) from University of Montana, a Juris Doctorate (JD) from Nova Southeastern University, a Master of Business Administration (MBA) from College of William & Mary, and a Master of Global Management (MGM) from Thunderbird School of Global Management, she relocated to Europe and attained a Master of Laws (LL.M.) from Riga Graduate School of Law and a Doctor of Philosophy in Law (Ph.D.) from University of Copenhagen.
Prior to her continued legal education, she served as a prosecuting attorney focused on drug and familial abuse crimes, followed by managing her own US federal and state-level criminal defense practice (Kollmar Law Office, PLLC.) focused on felony criminal litigation. Alongside of maintaining her criminal practice, Dr. Kollmar currently serves as a postdoctoral researcher at University of Copenhagen, Centre for Advanced Studies in Biomedical Innovation Law with a particular focus on comparative antitrust law and economics, where her academic portfolio comprises diverse supervision and lecturing in EU Law, Comparative Contracts, EU Competition Law and Economics, and Legal Research Methods.
Inhaltsangabe
Contents Preface List of Abbreviations List of Annexes and Tables Chapter 1 Introduction Abstract 1. Topic Introduction 1. Background on Assessment and Application: Legal Issues and Development 2. Background on Enforcement Best Practices: Investigative Techniques and Enforcement Protocol 2. Research Objectives and Main Research Questions 3. Structure and Scope of Book 4. Conclusory Remarks PART I - US HISTORICAL ORIGINS AND ECONOMIC FOUNDATIONS Chapter 2 The Legal and Political Origins of RPM - United States Abstract 5. United States: Historical Origins & Legal Structure of RPM 1. The Introduction of the Sherman Act and its Common Law Roots: 1889-1910 2. Dr. Miles Era- the Right of Alienation and its Per Se Impact: 1911-1930 3. Fair Trade Era- Carving out Exceptions to the Sherman Act: 1930-1975 4. Post Fair Trade Era- Non-Price vs. Price Transition Towards Rule of Reason: 1975 - 2007 5. Leegin Era- Maximum vs. Minimum RPM Transition Towards Rule of Reason: 2007 - Present 6. Chapter Conclusion: US Historical Origins and Legal Structure Chapter 3 The Economics of Vertical Agreements - Background Abstract 7. Chapter Introduction 1. General Economic Background of Vertical Restraints 2. General Economic Background of RPM 8. Background on Economic Theories of RPM 9. Link Between Schools of Thought and Economic Models 10. General Structure of Models: Vertical and Horizontal Elements of RPM 11. Digital Single Market, the E-Commerce Sector Inquiry and the Internet 1. Goals of the EC: Digital Single Market and E-Commerce Sector Inquiry 2. Models of Change: How the Internet Changed Market Dynamics 12. Conclusion: RPM Economic Background and E- Commerce Chapter 4 The Economics of Vertical Agreements - Models Abstract 13. Anti-Competitive vs. Pro-competitive Economic Models of RPM 14. Anti-Competitive RPM Theories 1. Facilitating Collusion Upstream or Downstream 2. Increase in Prices, Lifecycles and Product Favouritism 3. Foreclosure and Restriction of Entry Both Upstream and Downstream 4. Foreclosure as a Commitment Device in Protection of Monopoly Rents 5. Dampen or Soften Competition Both Upstream and Downstream 15. Pro-Competitive RPM Theories 1. Special Services and Free-riding 2. Quality Certification and Signalling 3. Image Theory: The Allure of Paying More 4. Demand Uncertainty and Inventories 5. Outlets and Distribution Density 6. Moral Hazard and Double Moral Hazard 7. Production of a Good when Manufacturers' Risks are Low 8. Contract Enforcement Mechanism and Quality Control 9. Loss Leader Selling 10. Less Efficient Dealer and/or Distributional Efficiency 11. Price Discrimination 12. Spatial Price Discrimination 13. Where imposing an RPM floor leads to a decrease in collusive behaviour 14. RPM with Optimal Delegation 15. New Market Entry or Product Launch 16. Pro-competitive models which rely on the purely vertical aspect of RPM 16. Conclusion: No Consensus among Economists on Impact of RPM PART II - EU HISTORICAL ORIGINS AND LEGAL STRUCTURE Chapter 5 The Legal and Political Origins of RPM - European Union Abstract 17. European Union: Historical Origins & Legal Structure of RPM 18. Historical Background of EU Vertical Enforcement 19. Current Legal Structure of EU Vertical Enforcement 1. Block Exemptions and their role in vertical restraint enforcement 2. Article 101(3): a closer examination of the individual assessment and its role in vertical restraint enforcement 20. Chapter Conclusion: EU Historical Origins and Legal Structure Chapter 6 The Legal Concepts of By-Object, By-Effect and Appreciability Abstract 21. Introduction to the Distinction between By-Object and By-Effect 22. A Background on By-Object Restrictions: The Finer Details 23. Categorisation and Analysis of By-Object Restrictions: A Deeper Dive 1. By-Object Categorisation: Overview of Differences between the EC and Case Law Approaches 2. By-Object Categorisation: Approaches to Appreciability 24. By-Effect Comparison: A Concise Overview of the Main Differences 25. Return to the RPM Legal Structure in light of the By-Object/By-Effect Dichotomy: Overview of the Current Approach to RPM Enforcement 1. Article 101(3): a closer examination of the individual assessment and its role in RPM enforcement 26. Chapter Conclusion PART III - PROPOSALS, IMPLICATIONS AND SOLUTIONS Chapter 7 Proposals and Solutions Abstract 27. Chapter Introduction 28. Time for a Change? Transatlantic Synchrony towards Revealing a Malfunctioning Regime 1. RPM Legal Regime: Current Challenges undermining its Efficacy 29. Horizontal Non-consensus: Should NCAs have their own agenda? 30. A New Way Forward: Developing a More Viable Approach to RPM Enforcement 31. Proposed RPM Solutions 1. Solution 1: Escaping automatic Article 101(3) TFEU applicability: developing a mechanism where RPM can be found inappreciable, and therefore, not in violation of Article 101(1) TFEU 2. Solution 2: Eliminate RPM's hardcore designation by shifting its inclusion in the VBER from Article 4 to Article 5 3. Solution 3: Elimination of RPM's hardcore designation through its application to Article 2 of the VBER (original and modified case scenarios) 4. Solution 4: Application of the De Minimus Doctrine to RPM 5. Solution 5: Recommendations for Improvement of Status Quo 32. Chapter Conclusion Chapter 8 Conclusion Abstract 33. Conclusion: Most Serious Considerations to Enhance the Efficacy of the Current RPM Regime 1. Overview of Solutions: The Best Way Forward 34. Final Remarks Annex 1 RPM US Origins Annex 2. RPM Economic Models Annex 3. RPM Model Timeline Index
Contents Preface List of Abbreviations List of Annexes and Tables Chapter 1 Introduction Abstract 1. Topic Introduction 1. Background on Assessment and Application: Legal Issues and Development 2. Background on Enforcement Best Practices: Investigative Techniques and Enforcement Protocol 2. Research Objectives and Main Research Questions 3. Structure and Scope of Book 4. Conclusory Remarks PART I - US HISTORICAL ORIGINS AND ECONOMIC FOUNDATIONS Chapter 2 The Legal and Political Origins of RPM - United States Abstract 5. United States: Historical Origins & Legal Structure of RPM 1. The Introduction of the Sherman Act and its Common Law Roots: 1889-1910 2. Dr. Miles Era- the Right of Alienation and its Per Se Impact: 1911-1930 3. Fair Trade Era- Carving out Exceptions to the Sherman Act: 1930-1975 4. Post Fair Trade Era- Non-Price vs. Price Transition Towards Rule of Reason: 1975 - 2007 5. Leegin Era- Maximum vs. Minimum RPM Transition Towards Rule of Reason: 2007 - Present 6. Chapter Conclusion: US Historical Origins and Legal Structure Chapter 3 The Economics of Vertical Agreements - Background Abstract 7. Chapter Introduction 1. General Economic Background of Vertical Restraints 2. General Economic Background of RPM 8. Background on Economic Theories of RPM 9. Link Between Schools of Thought and Economic Models 10. General Structure of Models: Vertical and Horizontal Elements of RPM 11. Digital Single Market, the E-Commerce Sector Inquiry and the Internet 1. Goals of the EC: Digital Single Market and E-Commerce Sector Inquiry 2. Models of Change: How the Internet Changed Market Dynamics 12. Conclusion: RPM Economic Background and E- Commerce Chapter 4 The Economics of Vertical Agreements - Models Abstract 13. Anti-Competitive vs. Pro-competitive Economic Models of RPM 14. Anti-Competitive RPM Theories 1. Facilitating Collusion Upstream or Downstream 2. Increase in Prices, Lifecycles and Product Favouritism 3. Foreclosure and Restriction of Entry Both Upstream and Downstream 4. Foreclosure as a Commitment Device in Protection of Monopoly Rents 5. Dampen or Soften Competition Both Upstream and Downstream 15. Pro-Competitive RPM Theories 1. Special Services and Free-riding 2. Quality Certification and Signalling 3. Image Theory: The Allure of Paying More 4. Demand Uncertainty and Inventories 5. Outlets and Distribution Density 6. Moral Hazard and Double Moral Hazard 7. Production of a Good when Manufacturers' Risks are Low 8. Contract Enforcement Mechanism and Quality Control 9. Loss Leader Selling 10. Less Efficient Dealer and/or Distributional Efficiency 11. Price Discrimination 12. Spatial Price Discrimination 13. Where imposing an RPM floor leads to a decrease in collusive behaviour 14. RPM with Optimal Delegation 15. New Market Entry or Product Launch 16. Pro-competitive models which rely on the purely vertical aspect of RPM 16. Conclusion: No Consensus among Economists on Impact of RPM PART II - EU HISTORICAL ORIGINS AND LEGAL STRUCTURE Chapter 5 The Legal and Political Origins of RPM - European Union Abstract 17. European Union: Historical Origins & Legal Structure of RPM 18. Historical Background of EU Vertical Enforcement 19. Current Legal Structure of EU Vertical Enforcement 1. Block Exemptions and their role in vertical restraint enforcement 2. Article 101(3): a closer examination of the individual assessment and its role in vertical restraint enforcement 20. Chapter Conclusion: EU Historical Origins and Legal Structure Chapter 6 The Legal Concepts of By-Object, By-Effect and Appreciability Abstract 21. Introduction to the Distinction between By-Object and By-Effect 22. A Background on By-Object Restrictions: The Finer Details 23. Categorisation and Analysis of By-Object Restrictions: A Deeper Dive 1. By-Object Categorisation: Overview of Differences between the EC and Case Law Approaches 2. By-Object Categorisation: Approaches to Appreciability 24. By-Effect Comparison: A Concise Overview of the Main Differences 25. Return to the RPM Legal Structure in light of the By-Object/By-Effect Dichotomy: Overview of the Current Approach to RPM Enforcement 1. Article 101(3): a closer examination of the individual assessment and its role in RPM enforcement 26. Chapter Conclusion PART III - PROPOSALS, IMPLICATIONS AND SOLUTIONS Chapter 7 Proposals and Solutions Abstract 27. Chapter Introduction 28. Time for a Change? Transatlantic Synchrony towards Revealing a Malfunctioning Regime 1. RPM Legal Regime: Current Challenges undermining its Efficacy 29. Horizontal Non-consensus: Should NCAs have their own agenda? 30. A New Way Forward: Developing a More Viable Approach to RPM Enforcement 31. Proposed RPM Solutions 1. Solution 1: Escaping automatic Article 101(3) TFEU applicability: developing a mechanism where RPM can be found inappreciable, and therefore, not in violation of Article 101(1) TFEU 2. Solution 2: Eliminate RPM's hardcore designation by shifting its inclusion in the VBER from Article 4 to Article 5 3. Solution 3: Elimination of RPM's hardcore designation through its application to Article 2 of the VBER (original and modified case scenarios) 4. Solution 4: Application of the De Minimus Doctrine to RPM 5. Solution 5: Recommendations for Improvement of Status Quo 32. Chapter Conclusion Chapter 8 Conclusion Abstract 33. Conclusion: Most Serious Considerations to Enhance the Efficacy of the Current RPM Regime 1. Overview of Solutions: The Best Way Forward 34. Final Remarks Annex 1 RPM US Origins Annex 2. RPM Economic Models Annex 3. RPM Model Timeline Index
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