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