Kirkland Alert Kirkland & Ellis LLP

Supreme Court Strikes Down Per Se Treatment of Resale Price Maintenance

Since 1911, it has been per se illegal for a manufacturer and its distributors to agree on a minimum resale price. That is, until now. On June 28, the Supreme Court expressly overruled this rule in the much anticipated Leegin Creative Leather Products, Inc. v. PSKS, Inc., - S. Ct. -, 2007 WL 1835892 (June 28, 2007). This alert takes a look at the implications of this recent ruling.