In this memo, Matthew Bennett discusses the recent interest by competition authorities in vertical communications between manufacturers and retailers, and explains the dangers of conflating Recommended Retail Prices, which are relatively common and pro-competitive, with Retail Price Maintenance, which is treated as a hard-core competition law infringement in Europe.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...