Just mention the phrase “vertical price restraints” and many people’s eyes glaze over. Lawyers at New Haven-based Wiggin & Dana have worked hard to make sure that didn’t happen to members of the U.S. Supreme Court.
They helped write an unusual amicus curiae brief in a case poised to become an antitrust landmark, Leegin v. PSKS, Inc. It was argued March 26. The appellant, a handbag manufacturer, is challenging a 96-year old bedrock doctrine of antitrust law that outlaws any and all minimum sales price agreements between manufacturers and retailers as a per se restraint of trade.
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