Private labels, brands, and competition policy:

[ Livros ]
Autores adicionais: EZRACHI, Ariel ; Editor | BERNITZ, Ulf ; Editor
Publicado por : Oxford University Press, (Reino Unido:) Detalhes físicos: 418 p. ISBN:9780199559374. Ano: 2009 Tipo de Material: Livros
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List of Contributors
Table of Cases
Table of Legislation


1. Private Labels — What Drives them Forward?
A. The Growth of Private Labels
B. The Study — What Drives Private Label Success?
By category
By country
C. Results and Recommendations — At Country Level
Retail environment
Summary — country level
D. Results and Recommendations — Category Level Globally
Advertising intensity
Value for money
Brand trust
Innovation intensity
E. Results and Recommendations — Category Level Locally
Country variance
Category performance
E Counter Strategies in Action — A Case Study
G. The Other Two C's — Consumer and Customer
H. Conclusions and Recommendations

2. The Business Model for Manufacturers' Brands
A. Introduction
B. Definition of a Brand
C. Components of the Marketing Mix
D. The Business Model of a Brand
The financial structure of brands
The relationship between growth and distribution
E. The Structure of Modern Retail Distribution
Distributor power
F The Effect of Private Label on Manufacturer Brands: Case Studies
G. The Case Study of Laundry Products in Spain
Laundry market trends
The source of private label growth
The brands' response
The case of WIPP
H. The Case of Cat Food Products in Germany
Wet cat food market trends
Reasons for the reduction in Whiskas' market share
The spiral of decline
I. Conclusion

3. Bargaining between Retailers and their Suppliers
A. Introduction
B. Upstream Monopoly: The Case of a Branded Product
C. Private Label Goods: Two Case Studies
Carbonated soft drinks
D. Competition Upstream: The Case of Private Label Suppliers
Example: application to the milk market
E. Buyer Power
F. Waterbed Effects
G. Investment Incentives
Endogenous technology choice
H. Strategic Interaction between Branded Goods and Private Labels
I. Conclusions


4. Market Power in Consumer Goods Industries
A. Overview
Organization of the chapter
B. The Competitive Process and Market Power Some eartier work that recognized vertical competition's role in market power
C. The US Horizontal Merger Guidelines
D. Measuring the Three Sources of Market Power
E. The Competition between Leading National Brands and Private Labels
The insights of Braithwaite and the remarkable scope of Borden's contributions
Some recent developments
Three industry structures in which leading national brands and private labels compete
The British grocery industry
F. The Lynch Model
G. Conclusion

5. Private Labels and Branded Goods: Consumers' 'Horrors' and 'Heroes'
A. Introduction
B. Brands Versus Private Labels
C. Brand 'Horrors 'and' Heroes'
Nature of brands
Brand' horrors'
The blob'
'The giant octopus'
The virus'
Brand 'heroes'
'The protector'
'The pioneer'
'The equalizer'
D. Private Label 'Horrors' and 'Heroes'
Nature of private label
Private label 'horrors'
'The blood sucker'
'The flesh eater'
'The body snatcher'
Private label 'heroes'
'The underdog'
The adventurer'
'The revolutionary'
E. Competition between Brands and Private Labels in the UK
F. Conclusion

6. Private Labels and Article 82 EC
A. Legal and Business Perceptions of Article 82
B. In the Light of Consumers Welfare', Could or Should Article 82 be Enforced against the Private Label Offers
by Companies with Market Power?
C. Potential Issues Arising under Article 82 from a Business-to-Business Perspective
D. Conclusions


7. Private Labels, Dual Distribution, and Vertical Restraints — An Analysis of the Competitive Effects
A. Introduction
B. Why are Vertical Restraints Treated Less Harshly than Horizontal Restraints?
C. Harm to Interbrand versus lntrabrand Competition
D. Limits on the Sale of the Private Label
A commitment not to hold a private label
Financial incentives to sell less of the private label
Limitation of shelf space devoted to the private label
Commitment to a minimum price or maximum quantity of the private label
Territorial division with regard to the private label
E. Vertical Restraints Not Concerned With the Private Label
Resale price maintenance and exclusive territories
Non-compete clauses
Exclusive distribution
Most favoured customer clauses
Price matching
F. Dual Distribution
Restraints eliminating or restricting interbrand competition
Minimum resale price maintenance
Exclusive territories
Restraints limiting the supplier's entry or operation in the retail market
Non-compete obligations
Exclusive distribution
Most favoured customer clause
Price matching
G. Implications of the Economic Analysis With Regard to the EC Block Exemption Regulation
Private labels
Dual distribution
H. Conclusion

8. The Vertical/Horizontal Dichotomy in Competition Law: Some Reflections with Regard to Dual Distribution and Private Labels
A. Introduction
B. Genealogy of the Vertical/Horizontal Dichotomy: Unpacking the Dominant Story
C. A Heterodox Perspective on the Vertical/Horizontal Dichotomy
The 'new' economics of vertical relations
The emergence of hybrid (horizontal/vertical) commercial practices: dual distribution and private labels as so illustration
Dual distribution
Private labels
D. The Futile Quest for the Vertical or Horizontal Dimension of the Supplier/ Retailer Relationship
Dual distribution in US antitrust law
Dual distribution in EC competition law
E. Conclusion


9. Retailer and Private Labels: Asymmetry of lnformation, In-store Competition and the Control of Shelf Space
A. Introduction: The Evolving Role of Retailing, a Network Analogy?
B. The Customer Role
Relative economic dependence
Access to confidential information, asymmetry of information: a head start for private labels
C. Owner of Shelf Space and Gatekeeper Role
Access to consumers; alternative channels as an 'escape'?
EU vertical merger guidelines: inpur foreclosure
Incentives to foreclose and to mimic brands
D. Retailers' Control of Shelf Space and In-Store
Positioning of Brands and Private Labels
Growth of private labels as the expense of brands, increased choice?
Innovation and private labels: 'asymmetric' access to Market/consumers
What about 'must-stocks'?
Advertising of brands: a barrier to private labels, or brands catching up?
E. The Private Label/Retailer Business Model, Choice and In-Store Competition
The (verrically-integrared) private label/retailer business model
Shopper trips
Two types of choice: range of one brand versus range of different brands
Imagine a vertically-in regra ted (private label-only) world: once more the network parallel Branded firms' mergers
F. Is the Answer: Branded Manufacturers to Engage in Private Label Production?
Manufacturing own labels
New emerging business model: collaborative differentiation
G. Retailers Set Consumer Prices of All Products
Risks of private label/retailer strategic pricing behaviour
Why brands are affected by (extremely) low pricing
The US Leegin case: resale price mainrenance now subject to rule-of-reason
How about Europe?
H. Conclusion

10. Misleading Packaging, Copycats, and Look-alikes: Ais Unfair Commercial Practice?
A. Introduction
B. The Major Functions of Trade Marks and Brands
C. Unfair Competition Law and Passing Off
D. The EU Unfair Commercia! Practices Directive — An Overview
E. Copycats and Look-Alikes under the Directive
E. A Critical Assessment

11. Private Labels, Product Variety and Price Competition — Lessons from the German Grocery Sector
A. Introduction
B. On the Proliferation of Private Labels: The Study
C. Legislation and German Federal Court Ruling as a 'Motor' for the Growing Market Power of Retailers
Federal Court ruling paving the way for anti-competitive business practices by the retail trade
D. On the Proliferarion of Private Labels in the German Grocery Sector
E. Discussion of the Consequences of Private Labels in the
Scientific Literature and Derivation of Hypotheses
Variety ofproducts
Market volume
F. Empirical Results Regarding the Welfare Eflects of the
Proliferation of Private Labels
Decreasing variety of products
Rising prices
Decreasing market volume
G. Conclusion

12. Advertising, Promotional Campaigns, and Private Labels
A. Introduction
B. The Roles of Advertising and Promotion
C. Advertising and Promotion by Retailers
D. Possible Effects on Competition
Informarion flow
Exchange of information between undertakings
Brand awareness and loyalty
Barriers to expansion and entry
Advertising, retail profit margins, and price
E. Advertising, Promotion, and Private Labels
Profit margins, market transparency and price
Barriers to entry and foreclosure effects
Marker share, brand loyalty and outlet reputation
In-store promotional activity Access to data
E. Conclusions


13. Retail Consolidation: The Implications of Mergers and Buying Alliances
A. Introduction
B. Retail Mergers: Typical Competition Considerations Leading cases in brief Core principles
C. Retail Buying Alliances: Typical Considerations
D. Consolidation Issues: Cumulative Effects
E. Some Recurrent Themes
F. Conclusion

14. Retail Competition: The Use of Ex-ante and Ex-post Remedies
A. Ex-Ante Remedies — Merger Control
Consolidation in the supermarket sector
Remedies in merger control
Supermarker consolidation — appraisal and remedies
The European Commission experience
Member Stares' experience
The United Kingdom
B. Ex-Ante Remedies — Market Investigations
The 2000 supermarkets investigation
Effectiveness of the remedy?
The 2006 groceries investigation
Aftermath of 2006 investigation
C. Ex-Post Remedies — Article 81/Chapter I
Supermarkets, anti-competitive agreements, and concerted practices
Buying groups
Exchange of information
D. Ex-Post Remedies — Dominance and Economic Dependence
E. Conclusion


15. United States Competition Law Policy — The Private Label Experience
A. Introduction
B. Private Label Issues in US Merger Review
An overview of merger analysis
Market definition and concentration
Anti-competitive effects
New entry
The role of private label products in merger analysis
Differentiated product markets
Private label products excluded from the relevant market
Private label products included in the relevant market
Potential impact of private label brands in the relevant market
C. Private Label Issues under the Robinson-Patman Act
The history and organization of the Robinson-Patman Act
Genesis of the legislation
Provisions of the Act
Private labels under the Robinson-Patman Act
The 'like grade and quality' requirement
Application of 'like grade and quality' to private label
Pricing of private label products
D. Conclusion


16. The 'Consumer Welfare' Standard as a Form of Substantive Protection for Consumers under European Competition Law
A. Introduction
Aim and layour
B. Competition, Private Labels, and the Welfare of Consumers
Competition and the welfare of consumers
Private labels and consumer welfare
C. Consumer Welfare as an Objective of European Competition Law
'Tradirional' objectives of European competition law
Protection of free market integration
Protection of economic freedom
The ascendancy of consumer-orientated objectives
The Commission's concern for consumers
Soft law promotion of consumer welfare
D. The Consumer Welfare Standard in Practice
Restrictive agreements
Unilateral behaviour
Merger control
E. Conclusion

17. Welfare Objective and Enforcement Standard in Competition Law
A. Introduction
B. Positive Analysis: The Status Quo between Fragmentation and Convergence
Overview of possible objectives of competition law
The position in the European Union
The position in the United States
The position in other jurisdictions
C. The Need for a Unifying Principle
The problem
The protection of the 'competitive process'
Consumer choice
Total or consumer welfare
D. Normative Analysis
Preliminary conclusions and premises of the further inquiry
Total welfare
Consumer welfare
Definition of the consumer welfare objective
Income redistribution
Imperfections in corporate governance
Enforcement efficiency and institutional capability arguments
E. Consumer Harm as Effective Standard to Achieve a Total Welfare
From the objective to the enforcement standard
Self-selection, information asymmetry, and lobbying
Optimal objective and optimal standard
Asymmetric information
System-level models
Consumer welfare as optimal standard to achieve total welfare maximization?
Total welfare, effective competition, and consumer harm as the founded modes of the enforcement standard
The key elements of the standard
The focus on price, output, and innovation
Two potential objections to the proposed standard
F. Application of the Proposed Standard to the Assessment of the Competitive Effects of Own Label Products
G. Conclusion


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