Note:
George R. Ackert, An Argument for Exempting Prestige Goods from the Per Se Ban on Resale Price Maintenance, 73 TEXAS L. REV. 1185 (1995).
 

Abstract:
Retail Price Maintenance (RPM) is an agreement between a seller and a retailer that requires the retailer to sell the product for no less than some specified price. In 1911, the Supreme Court made RPM illegal in the famous Dr. Miles opinion (Dr. Miles Medical Co. v. John D. Park & Sons Co.). This note argues that if the Supreme Court continues to adhere to the per se rule of Dr. Miles, it should treat prestige goods differently. It argues against the traditional justifications for the ban on RPM, such as dealer cartels, manufacturer cartels, and high prices, do not apply to prestige goods. It also puts forth new arguments in favor of allowing an exception to the ban on RPM based on the nature of prestige goods, including price image, the free rider problem, entry facilitation, and choice of distribution.