Partner August Horvath authored the Law360 article “Utah — The Latest Battleground In Resale Price Maintenance.” The article covers the actions of certain industries in light of the 2007 U.S. Supreme Court decision, in Leegin Creative Leather Products Inc. v. PSKS Inc., 551 U.S. 877, to overturn the former per se rule against minimum resale price maintenance, in which dealers agree not to resell a supplier’s products below a specified price. August mentions that some manufacturers have enthusiastically created resale price maintenance (RPM) policies or their cousins, unilateral price policies (UPPs), while other industries have been more cautious, noting that there has been little case law developing the rule-of-reason standard for RPM. August details some of the most notable recent developments coming from the contact lens industry. He also notes the implications of these cases, saying that, “the contact lens situation could convince lawmakers that the unilateral nature of UPP is a trivial distinction, and fair game for legislation.”
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