PSKS Knocked Out of Court But Not Giving Up the Fight Against Leegin - This and Other Recent Developments in Resale Price Maintenance

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Two years ago, PSKS, Inc., dba Kay's Kloset ("PSKS"), lost its antitrust contest with Leegin Creative Leather Products, Inc. at the Supreme Court. Leegin Creative Leather Products, Inc. v. PSKS, Inc. 127 S. Ct. 2705 (2007). PSKS argued to the Court that the 99 year old rule that makes minimum resale price maintenance agreements ("RPM") illegal per se should be upheld. The Court instead held that the appropriate standard of review for resale price maintenance agreements ("RPM") is the rule of reason, not the per se standard. The Court remanded PSKS's case to the lower court to determine whether Leegin's RPM conduct was unlawful under the rule of reason standard.

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