Developments In Resale Price Maintenance Cases: A trend Toward Overturning The Per Se Rule

Abstract

Recent court decisions have radically department from a seventy year old line of cases that defined the per se rule’s application to resale price maintenance.  This paper reviews the background of the per se rule, and looks at the present trend of the Supreme Court which appears to be headed toward overturning the per se rule.  In addition, the Congressional responses to the emerging trend is also examined.