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ABA Section of Business Law


eSource

Resale Price Maintenance and the Rule of Reason: The Liability Risk Increases.

  • The antitrust treatment of resale price maintenance (RPM) agreements may soon change significantly. Instead of being judged under the per se rule, RPM may come, like most competitive conduct, under the rule of reason. The implications of that change are profound. Since this newsletter, the United States Supreme Court has issued a decision in this case.

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