In 2007, the Supreme Court overturned a nearly century-old precedent, holding that resale price maintenance (RPM) plans were no longer per se illegal under Section 1 of the Sherman Act, and instead must be analyzed under the Rule of Reason.1 Since Leegin, there has been much speculation about how RPM would now be treated by the courts, as well as attempts to overturn the decision legislatively. We now have a concrete example of the difference between per se and Rule of Reason on RPM issues—and it involves the continued saga of the Leegin case.
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