How A Unilateral Policy Can Morph Into An Illegal Scheme

Law360, New York (August 12, 2013, 2:08 PM EDT) -- Two recent decisions in a California federal court case highlight the rocky shoals a supplier must navigate to control the prices charged by the resellers of its products without violating antitrust laws.

In Darush v. Revision,[1] the plaintiff — a former e-retailer of skin care products manufactured by defendant Revision, including the popular Teamine Eye Complex — sued Revision and another of Revision’s retailers, Lovely Skin Inc.

The plaintiff alleges that Revision stopped selling to it because the plaintiff refused to go along with a resale...
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