Leegin Creative Leather Products, Inc. v. PSKS, Inc.
Supreme Court of the United States
1Opinion of the CourtJustice Kennedy
In Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U. S. 373 (1911), the Court established the rule that it is per se illegal under § 1 of the Sherman Act, 15 U. S. C. § 1, for a manufacturer to agree with its distributor to set the minimum price the distributor can charge for the manufacturer’s goods. The question presented by the instant case is *882whether the Court should overrule the per se rule and allow resale price maintenance agreements to be judged by the rule of reason, the usual standard applied to determine if there is a violation of § 1. The Court has abandoned the rule of per…
2Cases cited28 opinions
- Payne v. TennesseeSupreme Court of the United States · 1991
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
- Dickerson v. United StatesSupreme Court of the United States · 2000
- Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
- Continental T. v. Inc. v. GTE Sylvania Inc.Supreme Court of the United States · 1977
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- In Re Insurance Brokerage Antitrust LitigationCourt of Appeals for the Third Circuit · 2010
- Total Benefits Planning Agency, Inc. v. Anthem Blue Cross & Blue ShieldCourt of Appeals for the Sixth Circuit · 2008
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