The Paul, Weiss Antitrust Practice advises clients on a full range of global antitrust matters, including antitrust regulatory clearance, government investigations, private litigation, and counseling and compliance. The firm represents clients before antitrust and competition authorities in the United States, the European Union, the United Kingdom and other jurisdictions around the world.
Department of Justice Proposes “Structured Rule of Reason” Approach to Resale Price Maintenance Claims
October 12, 2009 Full PDF
In a significant speech, Christine Varney, the Assistant Attorney General for Antitrust at the U.S. Department of Justice, provided some valuable insights regarding how antitrust enforcers are likely to evaluate minimum resale price maintenance in light of the United States Supreme Court's 2007 decision in Leegin Creative Leather Products v. PSKS, Inc. The Assistant Attorney General's comments are significant because they indicate a renewed interest in antitrust enforcement against resale price maintenance, and they suggest a roadmap for the way in which the antitrust enforcement agencies-and possibly the courts-will evaluate such conduct in the future.