US Supreme Court overturns 96-year old rule that minimum resale price maintenance is per se illegal | Practical Law
In a landmark 5-4 decision, the US Supreme Court recently overruled a 96-year old rule that minimum resale price maintenance (vertical price-fixing) is per se illegal in Leegin Creative Leather Products, Inc. v. PSKS, Inc. Instead, the Court held that the "rule of reason" was the appropriate standard under which the practice should be analysed. Accordingly, vertical price-fixing will no longer be condemned without inquiry. Instead, a fact finder now must weigh all of the circumstances surrounding the vertical price fix to determine whether any anti-competitive effects are outweighed by pro-competitive benefits.