New York's Prohibition of Vertical Price-Fixing
Jay L. Himes, the chief of the antitrust bureau of the Office of the Attorney General of New York, writes that under state law, minimum vertical price-fixing is a per se antitrust violation that violates the Donnelly Act in and of itself, without any need for inquiry into market conditions or other circumstances. Where use of an RPM provision causes purchasers to be overcharged, the injury should be recoverable under the Donnelly Act's treble damage provision.United States, appellee v. Eduardo Rosa, defendant-appellant
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