Comparative analysis of resale price maintenance: The United States, Canada, the European Union and Japan

The aim of this thesis is to describe what types of resale price maintenance (RPM) should be restricted as unlawful and to describe whether RPM should be based on the rule of reason or the per se illegal rule. This thesis overviews the legislation and case laws in the U.S., Canada, the European Union and Japan. While Japan has been criticized for the closed distribution system (keiretsu), the Japan Fair Trade Commission (JFTC) has adequately enforced the Antimonopoly Act in order to open the market. The thesis also describes the controversy between theories about RPM. The proponents of the per se illegal suggest that RPM is harmful for consumers' interests. In contrast, the proponents of the rule of reason describe that RPM contributes to enhance social efficiency. Lastly, this thesis demonstrates the per se illegal treatment as the best option for antitrust authorities, and urges that the JFTC commit international cooperation.