Minimum Resale Price Restraints Need Extra Attention
July 23, 2007, 12:00 AM EDT
Law360 (July 23, 2007, 12:00 AM EDT) -- In a June 28, 2007 opinion, the Supreme Court overruled a 96-year-old prohibition on vertical minimum price restraints that was established by the Court shortly after the passage of the Sherman Act in Dr. Miles v. John D. Park and Sons Co. and held for the first time that minimum resale price restraints are not per se illegal.
The Court’s 5-4 decision in Leegin Creative Leather Products Inc. v. PSKS Inc. dba Kay’s Kloset, No. 06-480, __ S. Ct. __, 2007 WL 1835892, held that, because...