Resale Price Maintenance Programs Still At Risk

District court case could affect implementation of minimum resale price maintenance programs.

Sellers must still exercise great caution when designing minimum resale price programs for their resellers in the United States following the recently settled New York v. Herman Miller, Inc. case.  This is despite the Supreme Court of the United States' landmark ruling just last year in Leegin Creative Leather Products, Inc. v. PSKS, Inc. that minimum resale price maintenance (MRPM) programs are no longer illegal per se but are to be evaluated under the Rule of Reason by weighing their anticompetitive harm against their pro-competitive benefits.