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About the Book
Ever since GTE Sylvania, the Supreme Court has relied upon economics in evaluating vertical restraints, and it stressed in Sharp Electronics that economic analysis is the bedrock for testing distribution practices under the antitrust laws. Antitrust Law and Economics of Product Distribution explores the economics of product distribution and examines whether the courts have formulated legal standards consistent with those economic principles - focusing on the sale of goods through dealers, distributors, and franchisees.
The analysis begins with a discussion of how manufacturers and other suppliers select methods for distribution of products, with particular emphasis on franchising and its economic underpinnings. Next to be addressed are resale pricing issues, from resale price maintenance to regulating price advertising. The third chapter is a general overview of the economics of vertical nonprice restraints and includes both economic analysis and empirical evidence. A discussion of customer and territorial restraints follows. Chapter V studies tying arrangements, with particular attention to tying claims raised in connection with franchising, and the next chapter considers exclusive dealing and incentives to induce exclusive dealing. The book concludes with a discussion of price discrimination and the Robinson-Patman Act.
Appendices contain helpful information about state statutes limiting termination of dealers, distributors, and franchisees.
Antitrust Law and Economics of Product Distribution represents the combined effort of lawyers and economists, and it reflects the ever-greater attention courts now pay to economic analysis as they apply the federal antitrust laws to distribution practices. This is a valuable resource both for attorneys counseling clients and for economists studying distribution issues and working with lawyers.