State Enforcement of Resale Price Maintenance Prohibitions After Leegin: Policy Without Principle

Over the past three years, certain state attorneys general have spoken out strongly against Resale Price Maintenance (“RPM”) practices, upset with the Supreme Court decision in Leegin. Citing their own state laws, these state enforcers have insisted that the per se prohibitions on RPM that existed prior to Leegin still exist within their respective states. Officials from the Antitrust Bureau for the New York Attorney General have also asserted that under fed