Document Type


Media Type



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 that the use of vertical minimum price restraints is not "always or almost always" anticompetitive. Specifically, it will be asserted that the Court erred by failing to examine any empirical data in support of its economic assumptions, discounting the importance of intramarket competition as a check on the market, by not considering if procompetitive uses of vertical minimum price restraints are even practical or likely to be implemented, and by lending no credence to stare decisis considerations. Finally, the note will consider the anticipated impact of the decision on both the market and antitrust enforcement, and will discuss the possible congressional response it may have triggered.

First Page


Last Page


Publication Date



College of Law






Northern Illinois University Law Review

Suggested Citation

Christopher S. Kelly, Note, 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, 28 N. Ill. U. L. Rev. 593 (2008).

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.