Supreme Court Holds Minimum Resale Price Maintenance No Longer Per Se Illegal


Breaking Developments In Business Law

After 96 years, a venerable legal precedent has been overruled. On June 28, 2007, the Supreme Court directly overruled the rule established in 1911 in a case known as Dr. Miles, which made resale price maintenance almost automatically illegal. In Leegin Creative Leather Products, Inc. v. Kay’s Kloset, a narrow majority of the Court held that the general standard of antitrust liability, the “rule of reason,” which is evaluated on a factual case-by-case basis, applies to such cases.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.