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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

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 …