Leegin Creative Leather Products, Inc. v. Psks, Inc.; The Strange Career Of The law Of Resale Price Maintenance

摘要

In Leegin Creative Leather Products, Inc. v. PSKS, Inc. the Supreme Court overruled one of the oldest and most important decisions in the history of antitrust, Dr. Miles Medical Co. v. John D. Parke & Sons Co. The overruling is less dramatic than might appear, however, because it seemed to follow inevitably from earlier decisions in the modern antitrust era that had so undermined and contradicted Dr. Miles as to leave little for the Court to overrule. The decision brings to a close the history of the law of resale price maintenance (RPM), illustrating at its end, as at its beginning, the role of ideology in antitrust decision making.