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07.11.2007 Supreme Court Rewrites the Rules on Resale Price Maintenance Agreements: 'The Leegin Case'
07.11.2007
For nearly 100 years, agreements between a manufacturer and the dealers and franchisees that resell its products regarding the minimum price at which the products will be sold to the public have been per se unlawful under the antitrust laws. Typically referred to as “resale price maintenance” agreements, they were held to constitute a form of vertical price-fixing. Consequently, the parties to such agreements faced the severe penalties associated with antitrust violations, including treble damages. or nearly 100 years, agreements between a manufacturer and the dealers and franchisees that resell its products regarding the minimum price at which the products will be sold to the public have been per se unlawful under the antitrust laws. Typically referred to as “resale price maintenance” agreements, they were held to constitute a form of vertical price-fixing. Consequently, the parties to such agreements faced the severe penalties associated with antitrust violations, including treble damages.

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