Antitrust lawyers say a recent Federal Trade Commission consent order settling charges that the National Association of Music Merchants “encouraged and enabled” members to share sensitive price information is a warning for trade groups to upgrade their antitrust compliance.
The FTC’s order is also significant in light of a 2007 U.S. Supreme Court decision that overturned a long-standing precedent deeming manufacturers’ minimum retail prices an automatic or per se violation of the Sherman Antitrust Act. The ruling said such price agreements should be judged according to the rule of reason. Leegin Creative Leather Products v. PSKS Inc., 551 U.S. 877 (2007).
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