Leegin Creative Leather Products v. PSKS

Understanding Minimum Manufacturers Resale Pricing In Light of New Supreme Court Decision

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, July 31, 2007

Program Materials

Description

On June 28, the Supreme Court struck down precedent that manufacturer-established minimum resale pricing was a per se violation of the Sherman Act. Now, manufacturers can impose minimum resale prices on retailers if the pricing promotes competition.

So, vertical price restraints can be established so long as the manufacturer can show a benefit to consumers. Any challenges to resale price maintenance agreements (RPMAs) will now be evaluated on a case-by-case basis.

Listen as our experienced panel of antitrust attorneys examines the Leegin decision, the Court's reasoning in overturning the long-held precedent, and how both manufacturers and retailers can support or challenge the use of RPMAs under the rule of reason approach.

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Benefits

The panel will review these and other key questions:

  • Under Leegin, what are the circumstances that justify a manufacturer imposing a resale price agreement on a retailer?
  • What guidance does the Court offer in terms of applying a "rule of reason" evaluation for a manufacturer seeking to establish a minimum resale price?
  • What are the best practices for a retailer to challenge a manufacturer seeking to require an RPMA?

Faculty

Janet L. McDavid
Janet L. McDavid

Partner
Hogan & Hartson

She focuses on antitrust, competition, and trade regulation, with a particular emphasis on government investigations,...  |  Read More

Joshua Lipton
Joshua Lipton
Gibson Dunn & Crutcher
Washington, D.C.

He practices antitrust law, including litigation in state and federal courts, merger and acquisition investigations,...  |  Read More

Kenneth G. Elzinga
Kenneth G. Elzinga
Robert C. Taylor Professor of Economics
University of Virginia

He teaches economics and antitrust policy and focuses his research on antitrust economics, especially pricing strategy...  |  Read More