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
Toast Faces FTC Lawsuit Over Alleged Hidden Fees and Subscription Practices
Oct 29, 2026 by
CPI
Amazon, Uber and Instacart Challenge NYC Delivery Worker Protections in Federal Court
Oct 29, 2026 by
CPI
Wall Street Law Giant Weil Gotshal to Dissolve After Partner Exodus
Oct 29, 2026 by
CPI
DoorDash to Acquire Instacart in $17 Billion Grocery Delivery Deal
Oct 29, 2026 by
CPI
Anthropic Urges California to Give Courts Power to Block High-Risk AI Models
Oct 29, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Exclusive Dealing
Oct 25, 2026 by
CPI
Exclusive Dealing Without Exclusivity: Screening Contracts, Loyalty Rebates, and the Limits of Antitrust Tests
Oct 25, 2026 by
David Martimort & Jérôme Pouyet
When Competition for Exclusivity Raises Prices: Rebates, Pricing Rules, and the Insulin Puzzle
Oct 25, 2026 by
Daniel P. O’Brien & Greg Shaffer
Why Leaving the Door Open Can Be (Much) Worse Than Closing It: Share-Based Requirements, Buyer-Specific Costs, and Foreclosure
Oct 25, 2026 by
Zhijun Chen & Greg Shaffer
Antitrust Chronicle® – EU Merger Guidelines
Oct 19, 2026 by
CPI