Is Time Ripe for 'Dr. Miles' to Fall?

The Supreme Court has moved closer toward re-examining one of the biggest and hoariest precedents in antitrust law, known to law students everywhere as the Dr. Miles rule. Under that rule, established in a 1911 case, minimum prices manufacturers set on what dealers can charge customers are deemed as illegal per se under the Sherman Act. The rule has come under increasing attack in recent years, and the Court has just issued a stay of judgment in a case that squarely challenges it.

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