Private Labels, Brands, and Competition Policy: The Changing Landscape of Retail Competition

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AuthorAriel Ezrachi
PublisherOxford University Press, USA
PublishedJan 13 2023
Book FormatHardcover
ISBN-139780199559374
Dimensions9.3 X 6.2 X 1.3 inches
Weight 1.8 pounds
BISAC
CategoriesLaw > Antitrust
LanguageEnglish

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Book Description

The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outlets they are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects.

This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and questions the adequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property, copycat packaging and consumer welfare.

The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

Author Bio

Ariel Ezrachi is the Slaughter and May Professor of Competition Law and a Fellow of Pembroke College, Oxford. He serves as the Director of the University of Oxford Centre for Competition Law and Policy.

He is co-editor-in-chief of the Journal of Antitrust Enforcement (OUP) and the author, co-author, editor and co-editor of numerous books, including Competition Overdose (2020, HarperCollins), Virtual Competition - The Promise and Perils of the Algorithm Driven Economy (2016, Harvard), EU Competition Law - An Analytical Guide to the Leading Cases (7th ed, 2021, Hart), Competition and Antitrust Law - VSI (2021, OUP), Global Antitrust Compliance Handbook (2014, OUP), Research Handbook on International Competition Law (2012 EE), Intellectual Property and Competition Law: New Frontiers (2011, OUP), Criminalising Cartels: Critical Studies of an International Regulatory Movement (2011, Hart), Article 82 EC - Reflections on its recent evolution (2009, Hart) and Private Labels, Brands and Competition Policy (2009, OUP).

His recently published papers focus on the digital economy, e-commerce, parity clauses, marketplace bans, vertical agreements, buyer power and the limits of competition law. They include the award winning papers 'Sponge', 'Artificial Intelligence & Collusion', and 'Sustainable and Unchallenged Algorithmic Tacit Collusion'. He is also author of the BEUC consultation paper on 'EU competition law and digital economy' and co-author of the report on 'Digital Platforms' (Stigler Center, Chicago University, Booth School of Business) and the Independent Expert Report on Digitalisation and its Impact on Innovation (EU Commission).

His research and commentary have been featured in The Economist, The New Yorker, Wall Street Journal, Financial Times, The Guardian (opinion), The Guardian, Nikkei, Times Higher Education, Harvard Business Review, HBR (2), Berkeley Technology Law Journal, Chicago University Pro Market, New Scientist, Politico, Politico-pro, Politico-Tec, China Daily, OBLB, WIRED, Click - BBC, BBC Radio 4, CPI, Bloomberg, Concurrences, GCR, The Scotsman, The Times, Sunday Times, Fast Company, Nesta, NewStatesman, UNCTAD, OECD, Forbes, Factor, The Australian, NRC 2016, NRC 2018, Business Insider, CMS Wire, Workology, Cited, IAI, Les Echos, ACCC, ZDnet, Financial Express, CLI, Sina, Project-syndicate, and other international outlets.

His work on algorithmic collusion (together with Prof Stucke) has been central to policy discussions in international organisations and competition agencies (including, among others, the CMA, OECD, UN, ICN, House of Lords, Monopolkommission, Autorite de la concurrence and the Bundeskartellamt).

He is part of a reserch project on Competition Policy and Economic Inequality, funded by the Leverhulme Trust.

Prof. Ezrachi develops training and capacity building programmes in competition law and policy for the private and public sectors, including training programmes for European judges endorsed and subsidised by the European Commission. He is an Academic Advisor to the European Consumer Organisation - BEUC, member of the Independent Committee on Digital Platforms, member of UNCTAD Research Partnership Platform, and a former Non-Governmental Advisor to the ICN.

Source: University of Oxford