Saturday, January 24, 2009

FTC Agenda Set for Resale Price Maintenance Workshops


The FTC announced the agendas for upcoming workshops on resale price maintenance ("RPM") on February 17 and 19, 2009.


According to the FTC press release:


The February 17 workshop will focus on Theories of Economic Benefits. It will begin at 10 am, with welcoming remarks by FTC Commissioner Pamela Jones Harbour, followed by a panelist presentation on various economic theories supporting claims that the use of RPM enhances competition and benefits consumers. The panel will be moderated by Daniel P. O'Brien, an economist in the Commission's Bureau of Economics, and will be followed by a moderated discussion between the panelists and discussants, members of academia, industry representatives, and the public.


The February 19 workshop will focus on Theories of Economic Harms. It also will begin at 10 am, and will explore the various economic theories supporting claims that the use of RPM harms competition and consumers. Daniel P. O'Brien also will moderate this panel, which again will be followed by a discussion of the issue by members of academia and industry with the panelists. Both workshop sessions provide time for members of the public to ask questions.


Efforts to legislatively overturn the Supreme Court's Leegin decision, which applies a rule of reason standard to RPM, have been gaining traction. The American Antitrust Institute recently held a conference criticizing the Leegin decision, and Congressional hearings on the issue are expected later this year.


Related posts: Conference Participants Criticize RPM; WSJ Examines Manufacturers' RPM Practices; FTC's Nine West Order Explores RPM Under Leegin; State RPM Laws and Leegin; Herman Miller Contends That Consent Decree Allows it to Continue Minimum RPM Policy; Developing Legally-Compliant Trade Promotion Management Programs.

 

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