The US Supreme Court is hearing a case (Leegin Creative Leather Products, Inc. v. PSKS, Inc.) where it is being asked to overrule the rule which makes resale price maintenance agreements per se illegal. Obviously these are also black listed in the EC under the Block Exemption for Vertical Restraints. Some think that the Court will overrule the per se rule established in Dr. Miles, and judging by the transcripts of the oral argument, this seems likely.
I'll debate the minutiae of the rule another time, but I can't help notice that the US government has submitted an amicus brief supporting the overruling of the old cases. This is how antitrust authorities should be getting rid of old doctrines. Not by publishing guidelines in the hope that people will forget the case law. Reform of Article 82 in Europe should follow this track: incremental or radical alterations by the European Court of Justice that erode precedents that are seen as unsuitable.
Showing posts with label vertical restraints. Show all posts
Showing posts with label vertical restraints. Show all posts
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