Accuracy recently hosted a conference in its Paris office in partnership with Concurrences, bringing together legal and economic experts to discuss developments in distribution, competition and restrictive practices.
The discussions addressed key issues surrounding resale price maintenance (RPM), highlighting the need to balance its potential pro-competitive effects, such as supporting brand positioning and pre-sale services, with the risks it may pose to competition, including reduced intra-brand rivalry and possible coordination between market participants. Differences in legal treatment across jurisdictions were also noted, with the European framework maintaining a stricter approach compared to more effects-based analyses applied elsewhere.
The increasing use of dual distribution models was identified as an additional source of complexity. These structures, where suppliers operate alongside independent distributors, raise specific concerns in relation to information sharing and pricing practices.
Pascale Déchamps, Partner at Accuracy, contributed to the discussions by emphasising the importance of a nuanced, case-by-case approach to enforcement. She noted that overly rigid positions may lead to more vertically integrated distribution models, potentially limiting competition, and highlighted the need to preserve a balance between brand value and consumer welfare.
These exchanges reflect ongoing developments in competition policy, particularly in the context of digitalisation and evolving distribution strategies.
