December 1997 / January 1998

United States: Resale price maintenance

01 December 1997

In Khan, the Supreme Court received briefs supporting the rule of reason approach from a wide variety of sources, including the Justice Department and the Federal Trade Commission, automakers, beer distributors and newspaper publishers. In contrast, a group of approximately 30 state attorneys-general opposed the overruling of the per se rule enunciated in Albrecht. In finding for State Oil, the Court implicitly rejected the argument of the Attorneys General that maximum price fixing 'displaces the free play of market forces'.