Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim
Resale Price Maintenance (hereinafter ‘RPM’) can be defined as the practice whereby a manufacturer and a distributor agree that the former will sell the latter’s products at certain prices. RPM may take a variety of forms including fixed, minimum, maximum, or recommended resale prices. In general, p...
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| Format: | Article |
| Language: | English |
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Universiti Teknologi MARA, Negeri Sembilan
2018
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| Online Access: | https://ir.uitm.edu.my/id/eprint/29658/1/29658.pdf |
| _version_ | 1796902883273211904 |
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| author | Mohammed Na’aim, Mohd Safri |
| author_facet | Mohammed Na’aim, Mohd Safri |
| author_sort | Mohammed Na’aim, Mohd Safri |
| collection | UITM |
| description | Resale Price Maintenance (hereinafter ‘RPM’) can be defined as the practice whereby a manufacturer and a distributor agree that the former will sell the latter’s products at certain prices. RPM may take a variety of forms including fixed, minimum, maximum, or recommended resale prices. In general, practice of RPM may restrict the distributors’ freedom of setting their prices at the downstream level henceforth attracting the application of competition law. The paper aims to analyse the legal status of RPM in the context of competition law in European Union and Malaysia including the ways RPM is able to restrict competition. This paper contains a detailed analysis of Article 101 of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’), the Competition Act 2010 (hereinafter ‘CA 2010’), related regulations, guidelines, case law, and scholarly writing in this area. The paper concludes that not all forms of RPM are prohibited under these two jurisdictions. Some of them are deemed illegal or anti-competitive because they are likely to harm competition and some of them may be permitted subject to the fulfilment of certain conditions. |
| first_indexed | 2024-03-06T02:11:55Z |
| format | Article |
| id | uitm.eprints-9658 |
| institution | Universiti Teknologi MARA |
| language | English |
| last_indexed | 2024-03-06T02:11:55Z |
| publishDate | 2018 |
| publisher | Universiti Teknologi MARA, Negeri Sembilan |
| record_format | dspace |
| spelling | uitm.eprints-96582020-04-14T05:43:44Z https://ir.uitm.edu.my/id/eprint/29658/ Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim joa Mohammed Na’aim, Mohd Safri Competition. Production. Wealth Competition, Unfair Resale Price Maintenance (hereinafter ‘RPM’) can be defined as the practice whereby a manufacturer and a distributor agree that the former will sell the latter’s products at certain prices. RPM may take a variety of forms including fixed, minimum, maximum, or recommended resale prices. In general, practice of RPM may restrict the distributors’ freedom of setting their prices at the downstream level henceforth attracting the application of competition law. The paper aims to analyse the legal status of RPM in the context of competition law in European Union and Malaysia including the ways RPM is able to restrict competition. This paper contains a detailed analysis of Article 101 of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’), the Competition Act 2010 (hereinafter ‘CA 2010’), related regulations, guidelines, case law, and scholarly writing in this area. The paper concludes that not all forms of RPM are prohibited under these two jurisdictions. Some of them are deemed illegal or anti-competitive because they are likely to harm competition and some of them may be permitted subject to the fulfilment of certain conditions. Universiti Teknologi MARA, Negeri Sembilan 2018 Article PeerReviewed text en https://ir.uitm.edu.my/id/eprint/29658/1/29658.pdf Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim. (2018) Journal of Academia <https://ir.uitm.edu.my/view/publication/Journal_of_Academia/>, 6 (1). pp. 67-78. ISSN 2289-6368 https://nsembilan.uitm.edu.my/joacns/ |
| spellingShingle | Competition. Production. Wealth Competition, Unfair Mohammed Na’aim, Mohd Safri Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim |
| title | Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim |
| title_full | Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim |
| title_fullStr | Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim |
| title_full_unstemmed | Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim |
| title_short | Resale price maintenance: a comparative study between The European Union and Malaysian Competition Laws / Mohd Safri Mohammed Na’aim |
| title_sort | resale price maintenance a comparative study between the european union and malaysian competition laws mohd safri mohammed na aim |
| topic | Competition. Production. Wealth Competition, Unfair |
| url | https://ir.uitm.edu.my/id/eprint/29658/1/29658.pdf |
| work_keys_str_mv | AT mohammednaaimmohdsafri resalepricemaintenanceacomparativestudybetweentheeuropeanunionandmalaysiancompetitionlawsmohdsafrimohammednaaim |