As reported by the National Journal: At a conference about the intersection of the high-tech industry and antitrust law on Friday, eBay deputy general counsel Tod Cohen weighed in in favor of a legislative response to Leegin, which would presumably return vertical price-fixing restraints such as agreements to charge fixed minimum prices to per se illegality.
It's no surprise eBay feels this way - as we've pointed out several times, the Leegin decision is being used most aggressively to put internet discounters out of business.
A bill was introduced in the Senate to overturn Leegin last year. The bill would add a new second sentence to the famously terse Sherman Act: "Any contract, combination, conspiracy, or agreement setting a minimum price below which a product or service cannot be sold to a retailer, wholesaler, or distributor, shall violate this Act."
Will the outcome of Tuesday's presidential contest have any effect on the future of vertical price fixing? Well, consider that the co-sponsor of the Senate bill, along with Senators Kohl and Clinton, was a fellow named Joseph Biden. Consider also that, no matter who wins, consumers are in need of relief from high prices, and that politicians will be under pressure to show that they are aggressively fighting for consumers. A ban on vertical price-fixing could fit this narrative.