The Antitrust Review of the Americas 2016

US: Vertical Restraints

27 August 2015

Price restraints There have been no significant judicial developments in the area of price restraints. No decisions have been made by the federal courts in the past year applying the rule of reason to resale price maintenance agreements, and there have been no changes in the status of Leegin1 at the state level. A 2013 California court of appeal opinion observing that vertical price fixing continues to be per se illegal under the state’s antitrust law, the Cartwright Act, has not been reversed or questioned.2

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