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Todd S. Fishman, a partner at Allen & Overy, and Desma Polydorou, an associate at the firm, write that in the wake of last year's Supreme Court decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. , the FTC recently agreed to modify its March 2000 Consent Order against Nine West Group Inc. and allow the footwear company to engage in resale price maintenance with its dealers. In doing so, the FTC suggests an analytical framework by which courts will determine the legality of RPM agreements, a framework first proposed by the FTC some 20 years ago for analyzing certain horizontal restraints in Massachusetts Board of Registration of Optometry .
June 02, 2008 at 12:00 AM
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