Licitude Concorrencial de Políticas de Preços Mínimos Anunciados

Abstract

This paper aims at evaluating the main antitrust aspects of the commercial practice known abroad as mininum advertised pricing (“MAP”), consisting of the definition by manufacturers of the minimum prices to be advertised by retailers for its products. Given the aspects recently taken into account by the Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica - “Cade”) in a consultation about MAP, as well as precedents involving the related practice known as resale price maintenance, this paper presents relevant factors to be considered in the assessment of the antitrust lawfulness of this possible strategy for the distribution of manufactured goods.