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Legal Alert: California AG Moves Against Resale Price Maintenance

01/18/2011

When it comes to antitrust laws, individual states are not bound by federal court decisions that interpret federal antitrust law. Today, California joined New York, Maryland and other states in telling the U.S. Supreme Court that it does not know how best to protect consumers.   As has been Snell & Wilmer's view for the last four years since the U.S. Supreme Court's decision in Leegin, states like California and New York arguably dictate compliance with respect to stricter prohibitions dealing with resale price maintenance—where a manufacturer or wholesaler tells its independent distributors, resellers or retailers what minimum prices they can charge. 

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