竞争政策与法律的现代化:营销发展对美国、欧盟和中国价格维持法律处理的影响

Modernizing Competition Policy and Law: The Impact of Marketing Developments on the Legal Treatment of Price Maintenance in the United States, the European Union, and China

Journal of Public Policy and Marketing · 2022
被引 2
ABS 3

中文导读

研究了当代营销实践中的三大发展(市场集中度、信息技术、全渠道分销)如何影响美国、欧盟和中国对价格维持的法律处理,揭示了各司法管辖区的差异,为政策现代化提供启示。

Abstract

Competition policy and law toward price maintenance (e.g., resale price maintenance, unilateral price policies, minimum advertised prices) draws on scholarly perspectives and theory developed over a half century ago. Since that time, changes to marketing practice have caused scholars to question the practical relevance of the perspectives and theory and to call for the modernization of competition policy and law toward price maintenance. Responding to these calls, the authors examine three important developments in contemporary marketing practice and assess their impact on the legal treatment of price maintenance in the three largest economies: the United States, the European Union, and China. Their analysis reveals significant differences in how each jurisdiction is responding to (1) increasing market concentration and accompanying shifts in interfirm power, (2) advances in information technology and the commercial use of the internet, and (3) developments in cross-channel shopping and the rise of omnichannel distribution. Their findings pose implications for future public policy, marketing practice, and academic scholarship and contribute to the modernization of competition policy and law.

竞争政策竞争法营销实践价格维持反垄断