Senior Counsel Fusae Nara and Associate Amanda Freyre, members of Pillsbury’s litigation practice in New York, discussed price maintenance agreements in their article “Recent Developments on Vertical Price Restraints under New York Law."

In Leegin Creative Leather Prods., Inc. v. PSKS, Inc., the U.S. Supreme Court ruled that minimum retail price maintenance agreements are no longer per se illegal under federal law. However, many states continue to prohibit vertical price agreements.

New York state antitrust law has generally mirrored federal antitrust law, but a particular section of New York’s General Business law has “made unclear whether vertical price agreements should be analyzed under the rule of reason, or whether they should be considered per se illegal,” argued Nara and Freyre.

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