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Competition Law Reading Room

Vertical Price Fixing in Australia

Philip H Clarke
Federation Press, 1991


Extract from Forward by R Baxt

'In this work Philip Clarke deals with the various aspects of resale price maintenance and its treatment under the Trade Practices Act. In addition he briefly deals with legislation from other countries and examines some of the reasons for resale price maintenance and related vertical price fixing and economic and other rationale that has been developed over the years.

... It will be of great use to practitioners, to businesses and to the Commission.

I commend the work to readers'


Table of contents

1. The Concept of Vertical Price Fixing

2. Why Firms Engage in Vertical Price Fixing

3. Vertical Price Fixing at Common Law

4. Resale Price Maintenance - Introduction

5. Resale Price Maintenance - Key Elements

6. Direct Resale Price Maintenance

7. Indirect Resale Price Maintenance

8. Recommended Prices

9. Other Forms of Vertical Price Fixing

10. Retail Support Schemes

11. Inducing or Attempting to Induce VPF

12. Agency and Vicarious Liability

13. Remedies, Penalties and Enforcement

14. International Aspects of Vertical Price Fixing

Appendix A - Digest of Australian RPM Cases

Appendix B - Provisions of the Trade Practices Act Relating to RPM

Appendix C - Bibliography of Principal Works Cited


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