Supreme Court To Mull Vertical Minimum Price-Fixing

Law360, New York (December 7, 2006, 12:00 AM EST) -- The U.S. Supreme Court agreed Thursday to hear a case that will decide whether minimum pricing agreements are anti-competitive at all times or whether the “rule of reason” should apply.

Right now, the per se rule against vertical minimum price-fixing dates back to the 1911 Supreme Court decision in Dr. Miles Medical Co. v. John D. Park & Sons Co. More recently, however, the High Court has begun to overturn similar longstanding antitrust rules, saying they are inconsistent with modern antitrust analysis.

“This precedent has been...
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