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 Eric Yaffe Authors Article for The Franchise Lawyer
"For nearly a century, Section 1 of the Sherman Act has been interpreted to prohibit suppliers from setting the minimum resale prices of their distributors based on the decision in Dr. Miles Medical Co. v. John D Park & Sons, 220 U.S. 373 (1911); however, the Supreme Court recently reversed that long-standing precedent, ruling that all such agreements are now subject to the "rule of reason," a method of analysis under which the claimant must prove that the arrangement substantially harms competition in the market as a whole. Leegin v. Creative Leather Products, Inc., 127 S.Ct. 2705, 168 L.Ed.2d 623 (2007).
Eric Yaffe, a principal in Gray Plant Mooty's Washington, DC office, co-authored an article, "Minimum Resale Pricing Policies in the Wake of Leegin v. Creative Leather," which discusses this recent decision and its impact on franchisors. For details, please see the September 2007 issue of The Franchise Lawyer - a publication of the American Bar Association.
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