Transcription of COVER STORIES Antitrust Resale Price Maintenance and the ...
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COVER STORIES Antitrust Resale Price Maintenance and the ...
Resale PriceMaintenance and the World After LeeginBY MICHAEL A. LINDSAY gence to their resellers as long as they didn t agree on areselling Price . Many manufacturers took this a step furtherand adopted what came to be called Colgatepolicies : themanufacturer announced the minimum Resale prices that itwanted to see and announced a policy that it would not dealwith discounters. In other words, at any given time thereseller would be free to sell its existing inventory at whatev-er Price it chose, but the manufacturer could lawfully refuseto resupply a reseller whom it discovered to be discountingbelow MSRP. The Dr. Milesrule of per se illegality originally applied tononprice vertical agreements that could have a significanteffect on Price .
stores and other retail chains. Leegin adopted a Retail Pricing ... Leegin took one step too many, however, and crossed the line separating unilateral announcement from bilateral agreement by demanding that all of its retailers “pledge” their ... Miles per se ban on minimum resale price agreements should continue to be the law, and the ...
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