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Private Labels, Branded Goods and Competition Policy

Private Labels, Branded Goods and Competition Policy

Author: Ariel Ezrachi; Ulf Bernitz
Publisher: Oxford University Press
ISBN: 9780199559374
Published In: February 2009
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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First major work on the debate on the impact of private labels on competition, investment and innovation in the retail sector
Offers in-depth and comparative coverage of competition and intellectual property law issues raised in connection with private brands in Europe and the US
Thorough examination of all of the relevant issues provided by the author team, made up of academics in the fields of law, economics and business, as well as expert legal practitioners
The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outlets they are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects.

This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and question the adequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property, copycat packaging and consumer welfare.

The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

Readership: Academics and practitioners specialising in competition law, or the economics of competition law; policy-makers and those working in the retail sector; trade mark lawyers and academics specialising in business and branding.

PART I: THE NATURE OF RETAIL COMPETITION
1: Richard Herbert: Private labels - what drives them forward
2: Dick Bell: The business model for manufacturers' brands
3: John Thanassoulis & Howard Smith: Bargaining between retailers and their suppliers
PART II: MARKET POWER AND THE ABUSE OF DOMINANCE
4: Robert L Steiner: Market power in consumer goods industries
5: Paul W Dobson & Ratula Chakraborty: Private labels and branded goods: Consumers' "horrors" and "heroes"
6: Andres Font Galarza: Private Labels and Article 82 EC
PART III: VERTICAL RESTRAINTS
7: David Gilo: Private labels, dual distribution and vertical restraints: An analysis of the competitive effects
8: Ioannis Lianos: The vertical/horizontal dichotomy in competition law: some reflections with regard to dual distribution and private labels
PART IV: IN-STORE COMPETITION, PRICING, MARKETING AND ADVERTISING
9: Pieter Kuipers: Retailer and private labels: asymmetry of information, in-store competition and the control of shelf space
10: Ulf Bernitz: Misleading packaging, copycats and look-alikes: an unfair commercial practice?
11: Rainer Olbrich, Gundula Grewe & Ruth Orenstrat: Private labels, product variety, and price competition - lessons from the German grocery sector
12: Ariel Ezrachi & Jonathan Reynolds: Advertising, promotional campaigns and private labels
PART V: RETAIL CONSOLIDATION AND THE USE OF REMEDIES
13: John Ratliff: Retail consolidation: the implications of mergers and buying alliances
14: Alistair Gorrie: Retail competition - the use of ex-ante and ex-post remedies
PART VI: PRIVATE LABALES - THE US EXPERIENCE
15: Jeffrey Schmidt & Terry Calvani: United States competition law policy - the private label experience
PART VII: CONSUMER WELFARE AND ENFORCEMENT STANDARD
16: Philip Marsden & Peter Whelan: The 'consumer welfare' standard as a form of substantive protection for consumers under European competition law
17: Renato Nazzini: Welfare objective and enforcement standard in competition law

Edited by Ariel Ezrachi, Slaughter and May University Lecturer in Competition Law and a Fellow of Pembroke College, Oxford, Director and Founder of the Centre for Competition Law and Policy at the University of Oxford, and Ulf Bernitz, Professor of European Law at Stockholm University and Director of the Oxford/Stockholm Wallenberg Venture in European Law at the Institute of European and Comparative Law, Oxford

Contributors:

Dick Bell, Oxford Institute of Retail Management
Ulf Bernitz, School of Law, Stockholm University and Director of the Oxford/Stockholm Wallenberg Venture in European Law at the Institute of European and Comparative Law, University of Oxford
Terry Calvani, Of Counsel, Freshfields Bruckhaus Deringer LLP
Ratula Charkaborty, The Business School, Loughborough University
Paul W Dobson, The Business School, Loughborough University
Ariel Ezrachi, Director, The University of Oxford Centre for Competition law and Policy, Faculty of Law, University of Oxford
Andres Font Galarza, Partner, Mayer Brown LLP
David Gilo, Faculty of Law, Tel Aviv University
Alistair Gorrie, Partner, Orrick, Herrington & Sutcliffe LLP
Gundula Grewe, Faculty of Marketing, University of Hagen
Richard Herbert, Global Insight and Development Director, Europanel
Pieter Kuipers, Deputy General Cousel Europe, Unilever
Ioannis Lianos, Faculty of Laws, University College London
Philip Marsden, Director, Competition Law Forum, British Institute of International and Comparative Law
Renato Nazzini, School of Law, University of Southampton
Rainer Olbrich, Faculty of Marketing, University of Hagen
Ruth Orenstrat, Faculty of Marketing, University of Hagen
John Ratliff, Partner, Wilmer Cutler Pickering Hale and Dorr LLP
Jonathan Reynolds, Said Business School, University of Oxford
Jeffrey Schmidt, Director, Bureau Competition, US FTC
Howard Smith, Department of Economics, University of Oxford
Robert L Steiner, Economic Consultant and former Economist, US FTC
John Thanassoulis, Department of Economics, University of Oxford
Peter Whelan, Competition Law Forum, British Institute of International and Comparative Law

"An excellent understanding of the drivers of private labels using some of the best known empirical research in the area. Professor Philip Stern, Professor of Marketing, Bangor Business School." - Communications Law Issue 15.2

"This book is a broad introduction into a range of topics around the development of the FMCG industry. it addresses the relevant legal issues and provides a sound overview on case law in the US and in Europe. Some contributors venture to look at the current discussion on private label and buyer power from a superordinate, historical perspective." - European Competition Law Review