Washington Law Review


Dale M. Green


The social and economic desirability of resale price maintenance contracts or agreements has been debated pro and con. Today most of the states, including Washington, have adopted fair trade laws recognizing and conditioning the legality of such agreements. The purpose of this article is not to analyze the economic aspects and effects of these agreements but rather to present: (1) a brief survey of the early judicial attitudes toward resale price agreements as developed in the federal and state courts; (2) the effect of the Miller-Tydings Amendment to the Sherman Anti-Trust Act on such agreements; (3) the content of the Washington Fair Trade Act, its constitutionality, and its similarity to the statutes of other states; and (4) a collection of interpretative decisions under the Washington Act and under similar laws of other states which may shed some light upon the interpretation our court will give to the Washington statute when similar problems arise in this state.

First Page