Resale Price Maintenance – A Beneficial Tool or a Hardcore Restriction of Competition?

Abstract

A major part of antitrust violations are comprised by price fixing arrangements, as they operate against the standard of price being determined by market forces. Such arrangements are a cause of concern in both horizontal and vertical markets. In this regard, Resale Price Maintenance agreements have been a subject of debate in India as well as in various jurisdictions due to a milieu of very interesting questions surrounding them. This paper discusses the treatment accorded to Resale Price Maintenance agreements in India while analysing the Competition Commission of India’s adjudication on this subject. It further assesses the issues and implications arising from the existing framework and highlights the need to develop the jurisprudence on this subject in order to gain a deeper insight into its treatment under our law.