Partner Matthew Hall moderated a panel on the topic “Resale Price Maintenance: Around the World Enforcement Update” during this live webinar hosted by the American Bar Association Section of Antitrust Law’s International and Pricing Conduct Committees. This panel canvassed and compared the approach to resale price maintenance in the U.S., E.U., U.K and Canada. Determining pricing strategies is challenging for any business – especially since resale price maintenance receives varied treatment around the globe. Under US federal law, for example, resale price maintenance is analyzed using a rule of reason framework, which recognizes that resale price maintenance may have pro-competitive benefits which outweigh anticompetitive harm, yet certain US states view resale price maintenance as per se illegal. Canada follows an effects-based approach in contrast to the EU, where resale price maintenance is generally treated as a restriction by “object”, although firms can provide evidence of offsetting benefits. For additional information, please visit www.americanbar.org.
