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William & Mary Law School

Property Rights

Antitrust and Trade Regulation

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Property, Aspen, And Refusals To Deal, Alan J. Meese Jan 2005

Property, Aspen, And Refusals To Deal, 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, …