A Key Decision On Resale Price-Fixing, Post-Leegin

Law360, New York (July 17, 2008, 12:00 AM EDT) -- Under Section 1 of the Sherman Act, which prohibits unreasonable restraints of trade, certain agreements are automatically deemed to be per se unlawful.[1]

The adverse consequences of violating the per se rule include liability for treble damages and attorneys' fees in civil suits. Some manufacturers and franchisors therefore breathed a sigh of relief when the Supreme Court overturned the per se rule against resale price maintenance (RPM), also known as "vertical" minimum price-fixing, in the case of Leegin Creative Prods., Inc. v. PSKS, Inc., __ U.S....
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