Minimum Resale Price Maintenance After Leegin
October 2009
By: Patrick J. Pascarella and Dylan M. Carson
We routinely are asked for guidance on minimum resale pricing agreements post-Leegin. Below is a synopsis of the current law and some suggested guidance.
In 2007, the Supreme Court in Leegin Creative Leather Products, Inc. v. PSKS, Inc. (Leegin) overruled the long standing rule that minimum resale price agreements were unlawful per se under the Sherman Act and held that the rule of reason should instead be applied to determine the legality of such agreements. Federal courts have uniformly followed Leegin, applying the rule of reason to minimum resale price maintenance cases. Read More...
For More Information, Contact:
Pat Pascarella
Partner
216-696-4936
pat.pascarella@tuckerellis.com
