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... SUMMARY. Two years ago the U.S. Supreme Court overruled the longstanding per se rule again... policies with headlines like "Price-Fixing Makes Comeback After Supreme Court Ruling" and "The Lega...
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.... SUMMARY. Two years ago the U.S. Supreme Court overruled the longstanding per se rule again... policies with headlines like "Price-Fixing Makes Comeback After Supreme Court Ruling" and "The Lega...
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The Supreme Court's 1911 decision in Dr. Miles Medical Co. v. John D. Park & Sons Co. established the per se illegal standard for minimum resale price maintenance. In 2007, the Roberts Court changed the standard with its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., replacing per se illegality with the rule of reason for minimum price restraints. This decision overruled a ninety-six-year-old precedent, and not surprisingly, some commentators have lauded this decision while others have denounced it. This Note argues that the rule of reason adopted by the Court in Leegin is the appropriate standard for minimum price restraints.
... to limit future sales of a copyrighted work after it is sold by the owner. 12 While the decision la...The recurring theme is that Leegin "makes it harder for a plaintiff to prove its case." 150 ... Floors-Trade Commissioner Calls Court Ruling a Hit to Discount Retailers, Wash. Times, Aug. 1, ...Joseph Pereira, Price-Fixing Makes Comeback After Supreme Court Ruling, WALL ST. J., Aug. 18, ...
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... condemned conduct consisted of resale pricefixing arrangements and the imposition of territorial lim...696, 9 L.Ed.2d 738 (1963), the Supreme Court refused to find equally illegal "a vertical ... applicable rule of law should be designed after a trial," it is clear to us that under White Motor...It had to make a comeback. Sandura's then position was more precarious than ... already noted, under the Supreme Court's ruling in White Motor Co. v. United States, supra, an "un... fact of Sandura's closed territory plan makes out a prima facie case of illegality casting the b...
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If the legislature intended or has subsequently come to intend that the FTAIA be treated as a limit on subject-matter jurisdiction then it will be up to them to rewrite the FTAIA and state this intent explicitly. [...] that time, I would urge the lower courts to take the initiative, heed the advice of the Supreme Court, and begin properly interpreting the FTAIA as a substantive test, giving 'drive-by jurisdictional rulings' . . . 'no precedential effect . . . .
...First and most importantly, the FTAIA makes it clear that the purpose of U.S. antitrust laws i...-matter jurisdiction in 1994, shortly after the case was filed, but their initial 12(b)(1) mot...C. Don't Call it a Comeback: The Rise of Comity in Empagran. In 2004 the U.S. ...
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... judicial review, we tend to envision the Supreme Court as a "countermajoritarian hero," (2) protect...(7) After all, it was the Warren Court that Alexander Bickel... Court's more controversial decisions, few rulings are thought to epitomize the heroic, countermajori... cases discussed in this Article, Miranda makes sense once placed in proper historical context, an... enforcement, which by then had made a comeback in public esteem. (425) . Yet the Supreme Court in...
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... when it comes to contracts, which makes him someone you love to see on the other side of a...'s "Thriller" and Carlos Santana's comeback "Supernatural," two of the best-selling albums of ... resulted in his crossing the legal corridor after only, a year and a half. . His first large judgmen... system for publishing state and federal court decisions. . His current clients include Hewlett-P...: Argued four cases before the California Supreme Court. . FOR Paul Grossman, it's not how much he w..."It was the first of its kind ruling in California," he said. . In 1999, he gave $1 mil...