RPM w handlu elektronicznym – la nouvelle vague czy nihil novi? Przegląd praktyki decyzyjnej organów ochrony konkurencji
RPM in e-commerce – la nouvelle vague or nihil novi? Review of the decisional practice of competition authorities

Summary/Abstract: The aim of this paper is to analyse selected decisional practice of the European Commission and national competition authorities concerning RPM agreements in the e-commerce sector. This research is motivated by the recent e-commerce sector inquiry conducted by the European Commission. Conclusions from this inquiry suggest that suppliers frequently influence the pricing policy of their retailers to the detriment of competition and final consumers. This paper describes first the characteristics of e-commerce and considers features, which may be potentially relevant from the competition law perspective, differentiating it from brick-and-mortar distribution. It is a defendable view that RPM in e-commerce does not require the establishment of new assessment tools. This hypothesis seems to be further confirmed by the conclusions derived from the review of selected decisional practice. At the same time, analysis of RPM in e-commerce requires the competition authorities to carefully consider the economic context of the arrangements. In particular, the motivation of the supplier should be thoroughly analysed in the context of counteracting free-riding and protecting the value of the brand.

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