Dorsey partner and Antitrust Practice Chair Michael Lindsay reviews 2010 developments in An Update on State RPM Laws Since Leegin, published in this month's Antitrust Source. The article includes a chart surveying pertinent laws and recent developments in all 50 states, including the California and New York enforcement actions and a case pending in the Kansas Supreme Court.

Three years ago, the U.S. Supreme Court’s decision in Leegin overruled the long-standing federal per se rule against minimum resale price maintenance (RPM) agreements. State laws on RPM agreements vary widely, and Leegin did not directly address the status of minimum RPM agreements under state law. The developments of 2010 demonstrate that state RPM law remains unsettled. For example, the California Attorney General has signaled that it takes RPM seriously and will bring an enforcement action in appropriate circumstances. The New York Attorney General has sent a similar signal but has a battle on its hands. We can look forward to the Kansas O’Brien decision for an indication of how a state appellate court will assess its own state law in light of Leegin. 2011 promises to provide more visibility to a still somewhat murky picture. Stay tuned!

An Update on State RPM Laws Since Leegin

Overview of State RPM

Michael Lindsay is also quoted in a USA Today article about resale price maintenance agreements. Read more here.