"Per Se" or Not "Per Se" - An Historical "Quick Look" at Minimum RPM Under California Law


On June 28, 2007, in Leegin Creative Leather Products, Inc. v. PSKS, Inc.,1[1] the United States Supreme Court decided in a 5-4 vote to overrule the long-lived rule in Dr. Miles Medical Co. v. John D. Park & Sons Co.2[2]The decision in Dr. Miles, issued in 1911, had a long but checkered life. In Dr. Miles, the Court affirmed the sustaining of a demurrer to a bill in equity, and held that it was illegal under Section 1 of the Sherman Act for a manufacturer and its distributors to agree on a minimum price that the distributor must charge for the manufacturer's goods, upon resale.

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