Leegin Creative Leather Products, Inc. v. PSKS, Inc. d/b/a Kay's Kloset ... Kay's Shoes

Date:
Citation Number: 06-480

Joint brief of the United States and the Federal Trade Commission, as amicus curiae, urging the Supreme Court to reverse a court of appeals ruling that declared unlawful per se a minimum resale price maintenance (RPM) agreement between defendant manufacturer and its plaintiff-retailer, in reliance on Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911). In the brief, the agencies argue that the rule of Dr. Miles -- the only remaining per se prohibition against vertical restraints -- should be overturned in light of the Supreme Court's modern antitrust jurisprudence, which employs the rule of reason as the primary analytical framework in Section 1 cases, and the current economic teaching, which recognizes the potentially mixed competitive effects of RPM agreements.