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Leegin Creative Leather Products, Inc. V. Psks, Inc.: The Final Blow To The Use Of Per Se Rules In Judging Vertical Restraints - Why The Court Got It Wrong, Christopher S. Kelly
Leegin Creative Leather Products, Inc. V. Psks, Inc.: The Final Blow To The Use Of Per Se Rules In Judging Vertical Restraints - Why The Court Got It Wrong, Christopher S. Kelly
Northern Illinois University Law Review
This case note provides an in depth discussion of Leegin Creative Leather Products, Inc. v. PSKS, Inc., in which the United States Supreme Court held that minimum resale price maintenance should be analyzed under the rule of reason, and thus striking down the century-old per se rule against vertical price fixing. After providing a brief overview of antitrust law, with a particular emphasis on Supreme Court vertical restraint jurisprudence, an in depth discussion of both the majority and dissenting Leegin opinions is provided. Next, the note argues that the Court erred in striking down the per se rule by finding …
Repeal Of Baseball's Longstanding Antitrust Exemption: Did Congress Strike Out Again?, Charles Allen Criswell Jr.
Repeal Of Baseball's Longstanding Antitrust Exemption: Did Congress Strike Out Again?, Charles Allen Criswell Jr.
Northern Illinois University Law Review
In 1922, the Supreme Court of the United States ruled that baseball was not interstate commerce and was thus not subject to the restrictions of antitrust laws. Since that time, numerous courts refused to hear cases attacking baseball on antitrust grounds. Under the newly enacted Curt Flood Act of 1998, the practices of anyone involved in organized professional major league baseball that relate to the employment of major league baseball players are now subject to antitrust laws in the same manner as those involved in other professional sports businesses affecting interstate commerce. However, the bill makes no attempt to repeal …