Leegin, the Use of 'RPM', and Antitrust Liability
Cleveland Metropolitan Bar Journal, 2009
3 Pages Posted: 11 May 2020
Date Written: January 15, 2009
Abstract
In Leegin, the SCOTUS overturned its previous decision in Dr. Miles by holding that minimum resale price maintenance (“RPM”) between a manufacturer and its downstream dealers/retailers now must be analyzed under the rule-of-reason standard under federal antitrust law. This article discusses the economic implications of this change in the legal treatment of RPM which presumably will provide manufacturers more flexibility to establish such agreements with downstream entities.
Keywords: RPM, Leegin, Antitrust, Vertical Price Fixing
Suggested Citation: Suggested Citation
Nieberding, James F., Leegin, the Use of 'RPM', and Antitrust Liability (January 15, 2009). Cleveland Metropolitan Bar Journal, 2009, Available at SSRN: https://ssrn.com/abstract=3578017
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