In an article for the ABA Antitrust Law Section, the author discusses a variety of vertical pricing agreements and synthesizes an earlier Pricing Conduct Committee panel hosted by the ABA.
In the fall of 2023, the American Bar Association Antitrust Law Section’s Pricing Conduct Committee convened a panel to discuss the economic and legal considerations of resale price maintenance (RPM) and related vertical pricing agreements in the digital age. Moderated by Nathaniel Hipsman, the panel participants included Paul Grieco of Pennsylvania State University, Tara Kelly of Mason Hayes & Curran, Barbara Mahoney of Hagens Berman, and Schonette Walker of the Maryland Office of the Attorney. The panel discussion focused on minimum resale price rules.
The author summarizes several aspects of the panel’s discussion, including the economics of RPM and vertical pricing agreements, and the legal treatment of vertical price agreements in the United States, including legal principles in the U.S., the difference between federal and state laws, and recent case challenges. The author also discusses the legal treatment of vertical price agreements in the European Union and the United Kingdom.
This article was originally published in August 2024 in the newsletter of the American Bar Association’s Antitrust Law Section.
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