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A Warning For Corporate Parents In The EU’s Akzo Nobel Case

Posted  09/16/09
Being a parent means great responsibilities – especially if you’re a corporate parent with subsidiaries active in the European Union.  As a result of the European Commission’s Akzo Nobel case, such corporate parents now face greater antitrust liability for the conduct of their 100%-owned subsidiaries. On September 10, 2009, the European Court of Justice dismissed Akzo Nobel’s appeal of a 2007 judgment of...

Supreme Court: Resale Price Maintenance No Longer Per Se Illegal; States: Not So Fast

Posted  06/26/09
The Supreme Court’s 2007 decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877, overruled the per se rule applying to resale price maintenance and replaced it with a rule of reason analysis.  Nevertheless, 13 states still forbid resale price maintenance, and the adherence of another eight states to federal precedent remains an open question. Moreover, 37 states filed an amici curiae brief...
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