A Developing Circuit Split Over Vertical Restraints?

Law360, New York (July 19, 2013, 3:44 PM EDT) -- In Leegin Creative Leather Products Inc. v. PSKS Inc., 551 U.S. 877 (2007), the U.S. Supreme Court held that vertical resale price maintenance (RPM) agreements were not per se unlawful under the Sherman Act, but instead were to be evaluated under the rule of reason. Given the challenges of pleading and proving rule of reason cases, Leegin was heralded by some as the death knell for Sherman Act claims based on vertical restraints.

In United States of America v. Apple Inc., however, the Southern District of...
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