He filed a brief before the U . S . Supreme Court calling on it to give more leeway to manufacturers to engage in practices like resale price maintenance despite the fact that at least one prominent member of Congress was calling for his resignation over the issue.
42.
It should not be confused with " Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd ", a separate decision of the House of Lords in the preceding year relating to substantially the same resale price maintenance agreement but ruling on the concept of liquidated damages.
43.
These include non-price vertical restraints in 1977's " Continental Television v . GTE Sylvania ", maximum resale price maintenance agreements in 1997's " State Oil v . Khan ", and minimum resale price maintenance agreements in 2007's " Leegin Creative Leather Products, Inc . v . PSKS, Inc . ".
44.
Groups including, a trade union composed of booksellers from across Japan, have expressed the opinion that issuing points for books, and selling books using points, is an infringement of the resale price maintenance system, and requested that the redemption rate of the points ( currently 3 % ) be lowered.
45.
These include non-price vertical restraints in 1977's " Continental Television v . GTE Sylvania ", maximum resale price maintenance agreements in 1997's " State Oil v . Khan ", and minimum resale price maintenance agreements in 2007's " Leegin Creative Leather Products, Inc . v . PSKS, Inc . ".
46.
By operating as an in-store catalog sales center, it could be exempt from the " Resale price maintenance " policy of the manufacturers, which can force conventional retailers to charge a minimum sales price to prevent price-cutting competition; it also reduces the risk of merchandise theft, known in the industry as shrinkage.
47.
He further advised that this meant that " we can lawfully say'we will sell you only so long as you observe such minimum retail prices'but cannot say'we will sell you only if you agree to observe such minimum retail prices,'since, except as permitted by Fair Trade [ laws ], agreements as to resale price maintenance are invalid ."
48.
In 1980, the U . S . Supreme Court held that the repeal of Miller-Tydings implied that the Sherman Act's complete ban of vertical price fixing was again effective, and that even the 21st Amendment could not shield California's liquor resale price maintenance regime from the reach of the Sherman Act . " California Liquor Dealers v . Midcal Aluminum ",.
49.
"' Resale price maintenance "'( "'RPM "') ( US ) or "'Retail Price Maintenance "'( UK ) is the practice whereby a manufacturer and its distributors agree that the distributors will sell the manufacturer's product at certain prices ( resale price maintenance ), at or above a price floor ( minimum resale price maintenance ) or at or below a price ceiling ( maximum resale price maintenance ).
