Red Wing Shoe Co. v. Shearer's, Inc.

OPINION

EVANS, Chief Justice.

Red Wing Shoe Company, Inc. appeals from a permanent injunction requiring that it resume the sale of its shoe products to Shearer’s, Inc. The case was submitted to the trial court on stipulated facts. See Tex.R.Civ.P. 263.

Two questions are presented in this appeal: (1) Does the federal “rule of reason” standard apply in determining the legality of restraints of trade or commerce under the Texas Free Enterprise and Antitrust Act of 1983, Tex.Bus. & Com.Code Ann. secs. 15.01-15.26 (Vernon Supp.1988); and (2) Does the above-mentioned antitrust Act prohibit Red Wing, a…