Legal Question in Business Law in Oregon
Is considered collusion or price fixing if a furniture wholesaler and furniture retail store work together and cut off a competing store strictly because the competing store sells the furniture at much lower prices then their competition?
1 Answer from Attorneys
That used to be considered an absolute violation of federal antitrust law by the courts. It was called "retail price maintenance." But the U.S. Supreme Court in 2007 in Leegin Creative Leather Products, Inc. v. PSKS, Inc. held that federal antitrust law permits manufacturers to set minimum prices for retailers � provided the price floor "stimulates competition with other brands of the same product." This decision reversed about 100 years of contrary precedents. This 5-4 decision was brought to you by the conservative wing of the Court (Roberts, Alito, Scalia, Thomas, Kennedy), so give thanks to the Presidents who appointed them (Reagan, Bush I, and Bush II).
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