Law360 (May 14, 2010, 10:56 AM EDT) -- It seems hard to believe that next month will mark the third anniversary of the Supreme Court’s controversial resale price maintenance (or RPM) decision in Leegin Creative Leather Prods. Inc. v. PSKS Inc., 551 U.S. 877 (2007).
Many thought it was overdue, but there was also a sense of outrage in several constituencies, most obviously those who saw this as a touchstone for political debate in Congress. Yet with legislation taking almost two years to even reach Congress, and still no clear end in sight, some might say the legislative “backlash” to Leegin thus far feels more like a wet noodle....
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