Vertical Pricing Restraints — State Developments

Law360, New York (May 29, 2012, 12:57 PM EDT) -- The status of vertical pricing restraints at the federal level has been settled since the U.S. Supreme Court’s decisions in State Oil v. Khan, 522 U.S. 3 (1997), and Leegin Creative Leather Prods. Inc. v. PSKS Inc., 551 U.S. 877 (2007). Whether the restraint is a maximum resale restraint (Khan) or resale price maintenance (or RPM (Leegin)), the rule of reason and not the per se rule is the method of analysis.

The law is less settled at the state level, where by statute (e.g., Maryland)...
To view the full article, register now.