Leegin Case and its Impact on European Community Competition Policy in Regard to Vertical Minimum Price-fixing

Abstract

This paper analyses the decision of the Supreme Court of the United States of America (US) in Leegin Creative Leather Products v. PSKS case (2007) and its possible influence on evolution of the European Community (EC) antitrust law concerning minimum resale price maintenance. The paper's goal is to find out whether a new approach in EC antitrust law after US Supreme Court's decision in Leegin case is needed. For these purposes the author focuses on several core related issues: first, on the assessment of the main principles of vertical restraints in US law, such as per se rule and rule of reason, before and after Leegin; second, on the regulation of vertical price-fixing in EC antitrust case-law, and finally - on the question whether the new approach to vertical price-fixing in EC law is necessary after US Leegin decision.