The US State of Maryland rejects federal rule of reason standard established by US Supreme Court in Leegin, amending its state antitrust statute to make minimum resale price maintenance agreements per se illegal

New state law could affect implementation of minimum resale price maintenance programs. Suppliers should review their minimum resale price programs for their resellers in the United States following the passage of a new law in the State of Maryland prohibiting agreements that establish minimum resale prices for goods or services sold by retailers, wholesalers or distributors. The State of Maryland passed this law, which takes effect on October 1, 2009, in response to the Supreme Court of the United States’ landmark ruling two years ago in Leegin Creative Leather Products, Inc. v. PSKS, Inc. that minimum resale price maintenance (MRPM) programs are no longer illegal per se under federal antitrust law but are to be evaluated under the Rule of Reason by weighing

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