The Senate Judiciary Committee has voted to overturn the Supreme Court decision that gave the green light to resale price maintenance.
The Committee has passed S. 148, the “Discount Pricing Consumer Protection Act.” This bill would reverse the Supreme Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 887 (2007). Leegin overruled a 1911 Supreme Court decision holding that resale price maintenance was per se illegal.
Under Leegin, resale price maintenance is judged under the rule of reason. Under S. 148, resale price maintenance would again be treated as a per se violation.
A link to the archived webcast of the Senate Judiciary Committee’s markup can be found here.
On January 13, 2010, the House Judiciary Committee passed similar legislation, H.R. 3190, by voice vote.
A link to the archived webcast of the House Judiciary Committee’s markup can be found here. At this time neither the House nor the Senate has scheduled floor action on the respective bills.
For further information on Leegin repeal legislation, see our earlier posts.