Resale Price Maintenance Policies A Century After Colgate
By Michael Murphy, Morgan Nickerson, Chris Finnerty and Jack Brodsky (May 30, 2019, 1:06 PM EDT) -- Nearly 100 years ago, on June 2, 1919, the U.S. Supreme Court held in U.S. v. Colgate & Co. that the Sherman Antitrust Act does not prevent a manufacturer from: (1) unilaterally announcing prices at which goods may be advertised and/or sold; and (2) subsequently refusing to deal with retailers that choose not to acquiesce with the announcement.
Before Colgate, a manufacturer's resale price maintenance policy was subject to per se scrutiny under the Sherman Act, where simple proof of the policy's existence was dispositive for finding of an illegal price-fixing agreement. In the wake of Colgate, manufacturers began to take...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!