The Kansas Supreme Court holds that the district judge erred in his demand for proof of a "concrete injury" in the price fixing of women’s accessories (O’Brien / Leegin Creative Leather Prods)

Kansas Supreme Court Declares “Rule of Reason” Inapplicable to Kansas Antitrust Law; Legislature May Have a Different Idea* In Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the U.S. Supreme Court expressly overruled the categorical ban on vertical price fixing agreements that had existed for nearly a century prior. See Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911). Leegin, a designer and manufacturer of high-end leather goods, instituted a policy under which it "refused to sell to retailers that discounted Brighton [a Leegin brand] goods below [manufacturer] suggested prices." 551 U.S. at 883. Leegin discovered that Kay’s Kloset (PSKS) was discounting Brighton products, and asked it to stop. PSKS refused, and Leegin discontinued sales.

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Tyler M. Cunningham, Jr. Don T. Hibner, The Kansas Supreme Court holds that the district judge erred in his demand for proof of a "concrete injury" in the price fixing of women’s accessories (O’Brien / Leegin Creative Leather Prods), 4 May 2012, e-Competitions Bulletin May 2012, Art. N° 66498

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