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Abstract
Brazil is currently discussing the introduction of a nation-wide Fixed Book Price (“FBP”) policy, thus providing context for a discussion of its welfare benefits. There is a rift between the reasons for implementing FBP regimes, and those used to scrutinize them. In order for the debate surrounding the pros and cons of implementing FBP regimes to become more productive, one must investigate the links between the reasons for designing and enforcing such policies, on one side, and standard antitrust analysis, on the other. There are many interesting arguments at the table that both corroborate and compromise the case for an FPB policy. However, throughout history, these policies have experimented cognizable trends. The objective FBP regimes pursue and their design have changed subtly, yet relevantly throughout history. In our view, the current academic and public policy debate surrounding FBP regimes, in both countries considering adopting or revoking them, would benefit from an enhanced awareness of these trends and their policy implications. Ultimately, so would the antitrust analysis of these policies. We argue that a better grasp of these trends could potentially result in a more sober examination of the welfare risks associated with FBP policies.
European Journal of Law Reform |
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Article | Fixed Book Price RegimesBeyond the Rift between Social and Economic Regulation |
Keywords | fixed book price policies (FBP), Brazil, Resale Price Maintenance (RPM), social regulation, antitrust law |
Authors | Carlos Ragazzo en João Marcelo da Costa e Silva Lima |
DOI | 10.5553/EJLR/138723702017019003001 |
Author's information |
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