Resale Price Maintenance: Minimizing Antitrust Risks

Structuring Pricing Agreements Amid Differing State, Federal and International Treatment of RPM

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

Conducted on Wednesday, February 8, 2017
Recorded event now available

This CLE webinar will update counsel to businesses involved in assessing the validity of arrangements designed to influence resale prices on the differing treatment of RPM in state, federal and international jurisdictions. The panel will provide best practices for proceeding with such arrangements.


A nearly 100-year precedent that RPM agreements are per se illegal was upended with the Supreme Court’s adoption of a rule of reason standard in Leegin v. PSKS. Nonetheless, some states still treat such agreements as per se illegal under state antitrust statutes, creating new compliance challenges for businesses. For that reason, there are few cases analyzing such agreements under the rule of reason, and there is limited guidance from the federal enforcement agencies.

Some states, however, have been aggressive in pursuing RPM arrangements. For example, in 2016, the Maryland AG alleged that Johnson & Johnson Vision Care Inc. violated the state antitrust law by entering into an agreement with a retailer regarding sale prices. Other states have not specifically addressed the issue. Practices designed to influence resale prices are also under scrutiny in Europe.

With the uncertainty of differing state, federal and international law, counsel to manufacturers and others in the distribution chain must carefully analyze the market and the potential impact of any arrangements designed to influence resale prices and determine whether those arrangements comply with antitrust law or might spawn investigations or private lawsuits.

Listen as our experienced panel of antitrust attorneys examines how different jurisdictions—federal, state and international—are treating RPM agreements. The panel will offer steps for moving forward with pricing agreements while overcoming the differing treatment among these jurisdictions.


  1. Treatment of RPM agreements
    1. Federal treatment
    2. States
    3. International
  2. Triggers that raise antitrust concerns
  3. Best practices for RPM agreements going forward


The panel will review these and other key issues:

  • How are federal courts and state antitrust authorities currently enforcing the law concerning resale price maintenance and how is that law applied to arrangements designed to influence resale prices even if there is no explicit agreement on such prices?
  • What do recent state actions signal for future state enforcement?
  • How can businesses and their counsel best cope with the conflicting treatment of RPM under differing legal regimes?


Michael A. Lindsay, Partner
Dorsey & Whitney, Minneapolis

Mr. Lindsay practices in the area of general civil litigation, with a strong emphasis on antitrust (litigation and counseling), trademark and unfair competition, commercial litigation. He regularly counsels clients on antitrust issues, particularly in matters involving distribution or pricing issues (including Robinson-Patman questions), and mergers and acquisitions.

William L. Monts, III, Partner
Hogan Lovells, Washington, D.C.

Whether they be class actions, government suits, or individual claims, Mr. Monts has handled virtually every kind of antitrust dispute — price fixing, market allocation, boycott, tying, price discrimination, and monopolization — for major international companies and domestic clients and associations in industries as diverse as automobiles, energy, healthcare, software, insurance, and the professions.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

The hypotheticals presented were very useful and well written for the topic. Strafford is becoming one of my best sources for practical online CLE. Strafford panelists consistently provide valuable presentation materials applicable to my work.

David Laing

Baker & McKenzie

Very good.  Gave me exactly what I wanted.  The questions I emailed in were handled thoroughly.

James J. Long

Briggs & Morgan

The real case examples and case citations were very helpful.

Tyler Wilkinson

Axley Brynelson

Strafford webinars are timely, offer practical advice, and are very well prepared.

David J. Wier

Harter Secrest & Emery

Content was excellent.

Jonelle Burnham


or call 1-800-926-7926

Antitrust Law Advisory Board

Clifford H. Aronson


Skadden Arps Slate Meagher & Flom

W. Joseph Bruckner


Lockridge Grindal Nauen

Gregory J. Casas


Greenberg Traurig

David B. Goroff


Foley & Lardner

Allen P. Grunes

Co-Founder and Attorney

The Konkurrenz Group

Robert N. Kaplan


Kaplan Fox & Kilsheimer

Christopher J. Kelly


Mayer Brown

James J. Long


Briggs and Morgan

Milton Marquis


Cozen O'Connor

Janet L. McDavid


Hogan Lovells

Kevin D. McDonald


Jones Day

Daniel F. McInnis


Thompson Hine

Saul P. Morgenstern


Kaye Scholer

Douglas Rosenthal


Constantine | Cannon

M. Sean Royall


Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.


Berman DeValerio

Douglas M. Tween



or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.