The US DOJ Assistant Attorney General provides guidance on vertical price Fixing/Resale Price Maintenance (RPM)

On October 7, 2009, Department of Justice Assistant Attorney General Christine Varney used a speech to the National Association of Attorneys General to reaffirm the DOJ's commitment to a closer cooperation with the state enforcers. She also devoted a major portion of her remarks to offering a framework for applying the rule of reason to minimum vertical price fixing claims. Since the Supreme Court's 2007 decision in Leegin Creative Leather Products v. PSKS, Inc., 551 U.S. 877 (2007) [1], replaced the per se standard for minimum RPM with a rule of reason analysis, there has been uncertainty and significant debate about how to apply the rule of reason in this area. The

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Jones Day (Houston)
  • Jones Day (Washington DC)

Quotation

David P. Wales, J. Bruce McDonald, Kathryn M. Fenton, The US DOJ Assistant Attorney General provides guidance on vertical price Fixing/Resale Price Maintenance (RPM), 7 October 2009, e-Competitions Bulletin October 2009, Art. N° 33765

Visites 1690

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues