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Antitrust and Trade Regulation Commons

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Faculty Publications

2004

Antitrust Law

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Full-Text Articles in Antitrust and Trade Regulation

Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese Jan 2004

Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese

Faculty Publications

No abstract provided.


Property Rights And Intrabrand Restraints, Alan J. Meese Jan 2004

Property Rights And Intrabrand Restraints, Alan J. Meese

Faculty Publications

Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject both approaches, …