Vertical Restraints: A Look Ahead

Vinicius Marques de Carvalho, Marcos Paulo Verissimo, and Paulo Burnier da SilveiraA¢â‚¬â„¢s paper argues for an administrable standard to analyze vertical restraints. They consider that the discussion of whether these types of conducts ought to be reviewed under a rule of reason or per se approach is mostly academic and not helpful for authorities. They note that A¢â‚¬A“competition analyses will always make some sort of rule of reason approach. What may radically change is how to weigh the presumption of legality, or illegality, of a particular conduct.A¢â‚¬Â Based on a recent 2013 RPM case by CADE, they suggest that these conducts should be considered presumably illegal and that the burden of proof about their likely efficiencies be shifted to the defendants.