Publishing Journal ›› 2025, Vol. 33 ›› Issue (1): 76-90.

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Antitrust Exemption of Book Resale Price Maintenance

  

  1. School of law, Wuhan University
  • Received:2024-09-04 Online:2025-01-24 Published:2025-01-24

Abstract: Incorporating buyer resistance forces into the analytical framework of antitrust law reveals several key insights. First, the implementation of book resale price maintenance (RPM) strategies does not necessarily lead to price hike-type damages. Second, RPM lacks the conditions to impose effective vertical restraints on distributors. Third, it is difficult for publishers and distributors to enter into cartel conspiratorial behaviors. Finally, the welfare of consumers may not necessarily be reduced. It is elucidated that book resale price maintenance can curtail publishers’ double-price-raising behavior at the efficiency level, prevent dealers who are unwilling to provide pre-sale services from free-riding, and ensure a diversified supply of books and a diversified layout of bookstores at the cultural level. This should be weighed by following the analytical idea of “prohibition in principle + exemption from exceptions” . The exemption system for book resale price maintenance must be improved in four aspects: adopting a discretionary exemption model, limiting the duration and type of exemptions, clarifying the conditions for efficiency exemptions and cultural diversity exemptions, and incorporating an exemption procedure beforehand.

Key words: font-size:medium, background-color:#525659, ">Book resale price maintenance , Buyer resistance forces , Efficiency exemption , Cultural diversity exemption

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