Resale price maintenance - some practical observations from Australia

Rachel Trindade

Resale price maintenance - some practical observations from Australia

Rachel Trindade, ‘Resale price maintenance - some practical observations from Australia’ (February 2008) Competition Law International 15

Conclusion

‘The Australian experience to date suggests that there is unlikely to be any impetus to subject RPM to a ‘rule of reason’ analysis as a result of the developments in the United States. The Australian system is capable of allowing efficiency enhancing RPM via authorisation by the ACCC. The lack of commercial interest in obtaining immunity does not suggest that the system does not work, but rather suggests that there may be some valid reasons for subjecting efficiency enhancing RPM to some level of disclosure and transparency (as required by the authorisation process).‘