Reply to Winter’s Vertical Restraints and Antitrust Policy: A Reaction to Cooper, Froeb, O’Brien, and Vita
James Cooper, Luke Froeb, Daniel O’Brien, Michael Vita, Apr 01, 2006
In the Autumn 2005 issue of Competition Policy International, the authors published an article on the antitrust policy implications of the theoretical and empirical literature on vertical restraints. In an accompanying comment, Professor Ralph Winter claims that the authors are advocating an enforcement standard that in any particular case would ignore case-specific evidence of the restraint’s effects. Professor Winter also claims that the authors commit an analytical error in their discussion of how distortions in promotional incentives may motivate the use of resale price maintenance (RPM). Neither criticism is accurate. the authors agree with Professor Winter that individual cases should be judged on their own merits. The authors do argue, however, that the plaintiff’s burden in vertical restraints case should be high, and the authros place significant weight on both historical and case-specific empirical evidence. Professor Winter’s claim that the authors commit an analytical error in their discussion of promotional incentives also is incorrect.
Featured News
Federal Judge Lays Out Rules for States Challenging HPE–Juniper Deal
Jan 2, 2026 by
CPI
Federal Antitrust Suit Targeting Aircraft Engine Sales Practices Is Settled
Dec 31, 2025 by
CPI
CFTC Withdraws Guidance on ‘Actual Delivery’ in Crypto Transactions, Leaving Regulatory Void
Dec 31, 2025 by
CPI
Coalition of State AGs Push Back Against FCC Proposal Seeking to Preempt State AI Laws
Dec 31, 2025 by
CPI
Apple Seeks to Overturn £1.5 Billion UK App Store Antitrust Ruling
Dec 31, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – CRESSE Insights
Dec 16, 2025 by
CPI
Learning from Divergence: The Role of Cross-Country Comparisons in the Evaluation of the DMA
Dec 16, 2025 by
Federico Bruni
New Regulatory Tools for the EU Foreign Direct Investment Screening and Foreign Subsidies Regulation
Dec 16, 2025 by
Ioannis Kokkoris
“Suite Dreams”: Market Definition and Complementarity in the Digital Age
Dec 16, 2025 by
Romain Bizet & Matteo Foschi
The Interaction Between Competition Policy and Consumer Protection: Institutional Design, Behavioral Insights, and Emerging Challenges in Digital Markets
Dec 16, 2025 by
Alessandra Tonazzi