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Resale Price Maintenance And The World After Leegin

Law360 (February 22, 2007, 12:00 AM EST) -- Sometime this spring or early summer, businesses should consider policies on resale price maintenance.

For nearly the last 100 years, any agreement permitting a manufacturer, supplier, or licensor to control the price at which others would resell its products has been illegal. Indeed, it is "per se" illegal. That is, automatically illegal, with no possible defense.

Ten years ago, the Supreme Court eliminated that rule for maximum prices, and now the Court is expected to announce a new rule for minimum resale price agreements.

Although the...
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