The Franchise Lawyer | Vol. 11 No. 1| Fall 2007
Section 1 of the Sherman Act, as amended, prohibits “every contract, combination in the form or trust or otherwise, or conspiraccy in restraint of trade or commerce among the several states.” 15 U.S.C. § 1. For nearly a century, Section 1 had been interpreted to prohibit suppliers from setting the minimmu resale prices of their distributors based on the decision in Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911). Recently, the Supreme Court reversed that long-standing precedent...