The New York Attorney General relies on New York General Business Code in a petition challenging restrictions on advertised prices used by a leading mattress manufacturer (Tempur-Pedic)

In a series of articles and public statements, enforcement officials from the New York Attorney General’s office have warned that vertical agreements to fix minimum resale prices, also referred to as minimum resale price maintenance (RPM) agreements, may remain per se unlawful under existing New York law. The statements were made despite the US Supreme Court’s decision in Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007), which held that RPM agreements were no longer per se violations of Section 1 of the Sherman Act. Acting

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Mark McLaughlin, The New York Attorney General relies on New York General Business Code in a petition challenging restrictions on advertised prices used by a leading mattress manufacturer (Tempur-Pedic), 29 March 2010, e-Competitions March 2010, Art. N° 52951

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