Leegin Creative Leather Products, Inc. v. PSKS, Inc., dba Kay's Kloset...Kay's Shoes

Subject:

Antitrust, Section 1 of the Sherman Act, Rule of Reason, Vertical Minimum Resale Price Maintenance Agreements

• This Court has held that antitrust “per se rules are appropriate only for conduct that . . . would always or almost always tend to restrict competition.” Modern economic analysis establishes that vertical minimum resale price maintenance does not meet this condition because the practice often has substantial competition-enhancing effects. The question presented is whether vertical minimum resale price maintenance agreements should be deemed per se illegal under Section 1 of the Sherman Act, or whether they should instead be evaluated under the rule of reason.

• U.S. Court of Appeals - 5th Circuit Unpublished Opinion Filed: March 20, 2006
• United States Supreme Court, Cert. Granted: December 7, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket