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

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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.

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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.

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