Private Labels, Branded Goods and Competition Policy: The Changing Landscape of Retail Competition

Hardcover | February 28, 2009

EditorAriel Ezrachi, Ulf Bernitz

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The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outletsthey are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects. This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and question theadequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property,copycat packaging and consumer welfare.The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for CompetitionLaw and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

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The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outletsthey are competing with their upstream brand s...

Ariel Ezrachi is the Director of The University of Oxford Centre for Competition law and Policy; Slaughter and May Lecturer in Competition Law, Oxford University; and Fellow, Pembroke College, Oxford. Ulf Bernitz is Professor of European Law at Stockholm University; and Director of The Wallenberg Foundation Oxford/Stockholm Associatio...

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Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 0.1 inPublished:February 28, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199559376

ISBN - 13:9780199559374

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Table of Contents

PART I: THE NATURE OF RETAIL COMPETITION1. Richard Herbert: Private labels - what drives them forward2. Dick Bell: The business model for manufacturers' brands3. John Thanassoulis and Howard Smith: Bargaining between retailers and their suppliersPART II: MARKET POWER AND THE ABUSE OF DOMINANCE4. Robert L Steiner: Market power in consumer goods industries5. Paul W Dobson and Ratula Chakraborty: Private labels and branded goods: Consumers' "horrors" and "heroes"6. Andres Font Galarza: Private Labels and Article 82 ECPART III: VERTICAL RESTRAINTS7. David Gilo: Private labels, dual distribution and vertical restraints: An analysis of the competitive effects8. Ioannis Lianos: The vertical/horizontal dichotomy in competition law: some reflections with regard to dual distribution and private labelsPART IV: IN-STORE COMPETITION, PRICING, MARKETING AND ADVERTISING9. Pieter Kuipers: Retailer and private labels: asymmetry of information, in-store competition and the control of shelf space10. Ulf Bernitz: Misleading packaging, copycats and look-alikes: an unfair commercial practice?11. Rainer Olbrich, Gundula Grewe and Ruth Orenstrat: Private labels, product variety, and price competition - lessons from the German grocery sector12. Ariel Ezrachi and Jonathan Reynolds: Advertising, promotional campaigns and private labelsPART V: RETAIL CONSOLIDATION AND THE USE OF REMEDIES13. John Ratliff: Retail consolidation: the implications of mergers and buying alliances14. Alistair Gorrie: Retail competition - the use of ex-ante and ex-post remediesPART VI: PRIVATE LABALES - THE US EXPERIENCE15. Jeffrey Schmidt and Terry Calvani: United States competition law policy - the private label experiencePART VII: CONSUMER WELFARE AND ENFORCEMENT STANDARD16. Philip Marsden and Peter Whelan: The 'consumer welfare' standard as a form of substantive protection for consumers under European competition law17. Renato Nazzini: Welfare objective and enforcement standard in competition law