Abstract
The approach towards vertical restraints depends heavily on the outcome of the "battle for the soul of antitrust". Therefore, to make the implications of the dispute more comprehensible, this study necessarily has to prefer to the basics of antitrust policy such as legislative history and political underpinnings. The second chapter addresses the underlying values of American and German antitrust laws and compares the concepts chosen to protect these values. Based on these foundations, chapter three evaluates resale price maintenance. In chapter four, the Supreme Court's judgment in Business Electronics Corp. v. Sharp Electronics Corp. is analyzed according to the GWB perspective. The fifth chapter deals with other, non-price vertical restraints. The last two chapters summarize, conclude, and suggest improvements for the American antitrust law
Repository Citation
Hildebrandt, Rainer F., "Per se Legality of Vertical Restraints: Contested in America -- Not Debated in Germany: Search for Reasons and Comparison" (1988). LLM Theses and Essays. 124.
https://digitalcommons.law.uga.edu/stu_llm/124