Leegin Returns to East Texas to Die: Epic Vertical Price Fixing Case Goes Full Circle

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Earlier this month, the Eastern District of Texas dismissed all claims in an antitrust case that has made history. In 2007, the United States Supreme Court shook the antitrust world with its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 127 S.Ct. 2705 (2007). The Court overturned one of its oldest antitrust decisions, Dr. Miles Medical Co. v. John D. Park & Sons Co., 31 S. Ct. 376 (1911),, which had held that agreements between a manufacturer and its retailers on the minimum price to be charged by the retailers were per se illegal under the federal antitrust laws. The Supreme Court decision generated widespread attention, so our description of it will be brief.

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