简明反垄断法法英文指南/赵庆庆译(14)
The antitrust laws, however, give a manufacturer latitude to adopt a policy regarding a desired level of resale prices and to deal only with retailers who independently decide to follow that policy. A manufacturer also is permitted to stop dealing with a retailer who breaches the manufacturer’s resale price maintenance policy. That is, the manufacturer can adopt the policy on a "take it or leave it" basis.
反托拉斯法充许制造商在一定的价格浮动范围内采用其所意愿的最低转售价格政策，及只与可独立贯彻该政策的零售商交易。制造商同样也被允许有权终止与违反其转售价格维持政策的零售商的交易。That is, the manufacturer can adopt the policy on a "take it or leave it" basis.
Agreements on maximum resale prices are evaluated under the "rule of reason" standard because in some situations these agreements can benefit consumers by preventing dealers from charging a non-competitive price.
最高转售价格协定则是用 “理性原则”标准来评价的。因为，在某些情形中，此类协定可以防止代理商索取非竞争性价格，从而使消费者受益。
Non-price agreements between a manufacturer and a dealer. Manufacturer-imposed limitations on how or where a dealer may sell a product, e.g., service obligations or territorial limitations, are generally not illegal. These agreements may result in greater sales efforts and better service in the dealer’s assigned area, and more competition with other brands. Some non-price restraints may be anticompetitive. For example, an exclusive dealing arrangement may prevent other manufacturers from obtaining enough access to sales outlets to be truly competitive. Or it might be a way for manufacturers to stop competing so hard against each other. Take the case against the two principal manufacturers of pumps for fire trucks. It involved agreements that required their customers, the fire truck manufacturers, to buy pumps only from the manufacturer that was already supplying them. That meant that neither pump manufacturer had to fear competition from the other.
总共37页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] 14
[15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] [37] 上一页 下一页