The Doctor Is Out, But Is Resale Price Maintenance In?

July 01, 2007

On June 28, 2007, in a landmark 5-4 decision, the Supreme Court fundamentally changed the law governing antitrust claims based on alleged resale price maintenance ("RPM") agreements. The Court said goodbye to one of its longstanding antitrust precedents, Dr. Miles Medical Co. v. John D. Park & Sons Co, when it ruled that resale price maintenance would no longer be per se illegal. Leegin Creative Leather Products v. PSKS, Inc., No. 06-480, _ S. Ct. _, 2007 WL 1835892 (June 28, 2007).

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