In 2007, the Supreme Court ruled that minimum resale price maintenance (RPM)—an agreement between a manufacturer and retailers to sell the manufacturer’s product at or above a specified retail price—be evaluated under the rule of reason. However, in the years since, case law has offered little guidance on how to apply this in practice.

In this article, published in Volume 19, Issue 2, of The Price Point, Consultant Dr. Emily Walden and former Senior Consultant Dr. Stephanie Demperio discuss the potential procompetitive benefits and anticompetitive harms contributing to the debate over RPM, and outline methods to evaluate these effects in practice using case-specific facts.

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