DOJ & FTC Encourage The Court To Overturn Dr. Miles
On Monday, the petitioner filed its brief on the merits in Leegin Creative Leather Products, Inc. v. PSKS, Inc. Several amicus briefs were also filed, including a brief from the FTC and DOJ calling for the court to overturn Dr. Miles and subject minimum resale price maintenance to the rule of reason. It is available here (.pdf).
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January 24th, 2007 at 12:02 pm
It’s notable that the two Democratic appointees to the FTC, Jon Leibowitz and Pamela Jones Harbour, dissented from the Commission’s decision to join the Dr. Miles brief.
January 24th, 2007 at 2:23 pm
Commissioner Harbour’s dissent is not surprising if you read her 2005 speach on vertical restraints. It is available at http://ftc.gov/speeches/harbour/050329vertical.pdf