Resale price maintenance (RPM)

RPM is a form of vertical price fixing where the manufacturer tries to excess control over a down-stream market where it is not directly active, for example the retail market.

According to the European Commission’s Guidelines on Vertical Restraints RPM may restrict competition in a number of ways [paragraph 48]. The Commission’s starting point is that an agreement which includes RPM  is presumed to restrict competition and thus to fall within Article 101(1) TFEU.

Despite the Commission’s guidance, the way in which the European member states deal with RPM differs. The Resale Price Maintenance brochure gives a brief explanation of the state of play in each member state. The brochure is available in the languages listed below.