Antitrust Update: Living with Leegin: The Demise of Dr. Miles and the Per Se Rule Against Minimum Resale Price Maintenance
29 June 2007
Mayer Brown Newsletter
29 June 2007 - Overruling a nearly 100 year-old precedent, in a 5-4 decision, the Supreme Court has ruled that agreements setting minimum retail prices and other minimum resale prices no longer are per se illegal under the US federal antitrust laws, and instead, must be "judged by the rule of reason" on a case-by-case basis.