Resale Price Maintenance, Litigation After Leegin

Law360, New York (August 14, 2007, 12:00 AM EDT) -- On June 28, 2007, adding another chapter to this term’s pro-business antitrust rulings, the U.S. Supreme Court in Leegin Creative Leather Products v. PSKS, Inc. 2007 WL 1835892 (Jun. 28, 2007) overruled the almost 100-year old precedent established in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911) (Dr. Miles), which held that it was per se illegal under Section 1 of the Sherman Act for a manufacturer and a retailer to agree on resale prices that the retailer would...
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