The US Supreme Court reverses the 96 year old-doctrine governing resale price maintenance agreements as per se illegal replacing it with the rule of reason standard (Leegin Creative)

Introduction In the summer of 2007, the United States Supreme Court overruled a ninety-six year old precedent when it overruled the historical decision of Dr. Miles [1] in Leegin Creative Leather Products, Inc. v. PSKS, Inc.. [2] Relying on economists’ views, the majority took a drastic measure and held that the per se illegality standard should no longer be implemented with respect to minimum resale price maintenance, but that the rule of reason should be used. Background Antitrust law developed from a series of cases which began as early in 1911 when Dr. Miles was decided. These cases established the two dominant rules of law for antitrust violations: per se illegality and the rule of reason approach. Practices are per se illegal when they are “so plainly anticompetitive and so

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Angela M. Buerkle, The US Supreme Court reverses the 96 year old-doctrine governing resale price maintenance agreements as per se illegal replacing it with the rule of reason standard (Leegin Creative), 28 June 2007, e-Competitions Bulletin US Supreme Court, Art. N° 42835

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