Resale Price Maintenance And The Rule Of Reason

Law360, New York (February 29, 2008, 12:00 AM EST) -- In a recent decision, the Supreme Court of the United States held that resale price maintenance programs no longer constitute per se violations of the antitrust laws, but instead will be evaluated under the rule of reason.

Although sellers wanting to control the retail prices of their products understandably might applaud the demise of the per se ban on such pricing programs, sellers hoping for a clear judicial endorsement of such programs, or even a clear standard by which such programs will be judged, are bound...
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