Thursday the Supreme Court reversed 96 years of jurisprudence on minimum pricing pacts. In 1911, the Supreme Court found that minimum pricing agreements were in violation of the Federal antitrust laws. Today the Supreme Court ruled the pacts are not per se violations of federal law but must be analyzed on a case by case basis – blowing the doors off of a century of consumer protection law. Justice Breyer commented in the dissent that “the only safe predictions to make about today’s decision are that it will likely raise the price of goods at retail”. Justice Alito was in the majority on this one (see my recent post below on his voting record). Higher prices for consumers and hard times for small businesses are on the horizon because of this decision. See more in depth commentary on the decision at WSJ lawblog.
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