In 1937, the Miller-Tydings Act was enacted to permit companies to establish minimum prices for their products when sold by retailers, prohibiting retailers from selling the products below the established price. The purpose of the law was to assist small businesses in competing with larger ones. It remained in effect until 1975, when it was abolished.
The Miller-Tydings Act, passed in 1937, amended the Sherman Act by allowing fair-trade laws to be exempt from it. This meant that producers and retailers could legally agree on resale prices for products. For instance, a company producing a popular brand of sneakers could set a minimum price that retailers had to sell the sneakers for. This ensured that all retailers sold the product at the same price and prevented damaging price wars that could harm the brand’s reputation. However, in 1975, the Consumer Goods Pricing Act repealed the Miller-Tydings Act, making it illegal for manufacturers to set minimum prices for their products.
The Miller-Tydings Act is a federal law enacted in 1937 that exempts certain vertical price-fixing agreements from antitrust laws.
Vertical price-fixing refers to an agreement between manufacturers and retailers to set the minimum resale price of a product. It is different from horizontal price-fixing, which involves agreements between competitors at the same level of the supply chain.
The Miller-Tydings Act exempts vertical price-fixing agreements that are made in good faith and involve patented or trademarked products.
No, not all vertical price-fixing agreements are legal under the Miller-Tydings Act. The Act only exempts agreements that meet specific criteria, such as being made in good faith and involving patented or trademarked products.
No, the Miller-Tydings Act does not give manufacturers the power to force retailers to sell their products at a specific price. It only exempts certain vertical price-fixing agreements from antitrust laws.
Consumers generally do not have standing to file a lawsuit for violations of the Miller-Tydings Act. Antitrust laws are primarily enforced by government agencies, such as the Federal Trade Commission (FTC).
The Miller-Tydings Act does not explicitly address the termination of contracts for non-compliance with resale price agreements. However, manufacturers should consult with legal counsel to ensure any termination actions comply with applicable laws and contractual obligations.
No, states cannot pass laws that contradict the Miller-Tydings Act. Federal antitrust laws generally preempt state laws in this area.
Yes, if a manufacturer engages in vertical price-fixing outside the scope of the Miller-Tydings Act, they can be held liable for antitrust violations under federal law.
Yes, like any federal law, the Miller-Tydings Act can be repealed or amended by Congress. However, any changes to the Act would require the legislative process and approval by both houses of Congress.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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