The Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, “PCA”) has recently addressed the issue of resale price maintenance clauses (“RPM”) (see PCA decision of 31 December 2012 in case no. DOK 9/2012). The matter merits some attention, what with interesting argumentation raised in defence of the challenged clause related to a launch of…

According to standard economic theory, unfettered free markets lead to an efficient allocation of resources.  Importantly, this result is generally taken to hold only insofar as market failures are absent.  One of these failures, market power, is defined as the ability to elevate prices above competitive levels for a significant period of time.  Generally speaking,…