Leiv Blad, Margaret Sheer, Nov 13, 2013
In 2007, the United States Supreme Court jettisoned 96 years of precedent and held that minimum resale price maintenance (“RPM”) agreements were not per se illegal under Section 1 of the Sherman Act, but rather should be subject to “rule of reason” review, a far more lenient process. The reaction to Leegin among many state legislators and attorneys general was swift and dramatic. They vowed to reverse the rule through legislation
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