In a 5-2 decision handed down on March 26, 1964, the Pennsylvania Supreme Court declared unconstitutional the nonsigner provision of the state's Fair Trade Act. Thus Pennsylvania joins the ranks of those states repudiating fair trade. Because of previous rulings to the contrary, this decision may seem to be a dramatic reversal. A closer study of the most recent decisions will, however, reveal a thread weaving through the cases-a thread of judicial disenchantment with the economic effects of fair trade.
The Demise of Fair Trade in Pennsylvania: A Study of Judicial Disenchantment,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol2/iss2/8