U.S. Wants To Scrap Antitrust Policy

Law360, New York (January 23, 2007, 12:00 AM EST) -- Antitrust regulators in the United States urged the Supreme Court on Monday to overturn the nearly 100-year-old per se rule against vertical minimum price-fixing.

In their amicus brief, the Department of Justice and the Federal Trade Commission argued that the “rule of reason” should apply when dealing with vertical minimum price-fixing. They said that such arrangements could hurt competition, but that they could also help competition by stimulating interbrand competition and by preserving consumer royalty.

“Per se treatment is inappropriate when the economic impact of the...
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