Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, October 11, 2007

Whither Dr. Miles?

Posted by D. Daniel Sokol

Is Dr. Miles really the end for RPM?  Mark Bauer of Stetson Law School explores the implication of Leegin in his essay Whither Dr. Miles?

ABSTRACT: This essay analyzes the June 2007 Supreme Court decision of Leegin v. PSKS. That case overruled a 96 year old Supreme Court case, Dr. Miles v. Park & Sons. The Leegin case eliminated Dr. Miles' per se rule in antitrust for minimum resale price maintenance between manufacturers and retailers. The essay examines the history and controversy of Dr. Miles, acts of Congress to circumvent and then restore Dr. Miles, the controversy over the Leegin case, and likely outcomes in the future.

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