Utah — The Latest Battleground In Resale Price Maintenance

Law360, New York (June 22, 2015, 10:28 AM EDT) -- Since the U.S. Supreme Court, in Leegin Creative Leather Products Inc. v. PSKS Inc., 551 U.S. 877 (2007), overturned the former per se rule against minimum resale price maintenance, in which dealers agree not to resell a supplier’s products below a specified price, industries have acted differently to the rule of reason that now governs the practice under the federal Sherman Act. Some manufacturers have enthusiastically created resale price maintenance (RPM) policies or their cousins, unilateral price policies (UPPs, which present minimum prices as unilateral policies and...
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