Anti-Trust Law: A Long Time Coming—United States Supreme Court Adopts the "Rule of Reason" Test for Vertical Maximum Price Fixing Cases in State Oil Co. v. Khan

This note will examine the reasons for the change from a per se test to a rule of reason analysis in vertical maximum price fixing cases. First, this note will point out that the per se rule in vertical maximum price fixing cases was a product of historical precedent, rather than detailed economic analysis. Second, this note will demonstrate why the Albrecht decision violated the purposes of the Sherman Act. Third, the note will explain why Khan appropriately changed the law in this area. Finally, in light of the recent passage of the Oklahoma Antitrust Statute, the note will evaluate the impact of the rule of reason test in vertical maximum price fixing cases in Oklahoma.