U.S. Court of Appeals for the Fifth Circuit, 2007

PSKS, Inc. v. Leegin Creative Leather Products, Inc.

PSKS, Inc. v. Leegin Creative Leather Products, Inc.
U.S. Court of Appeals for the Fifth Circuit · Decided September 5, 2007 · Barksdale, Clement, Engelhardt
498 F.3d 486 (Federal Reporter, Third Series)

PSKS, Inc. v. Leegin Creative Leather Products, Inc.

Opinion

PER CURIAM:

Our court upheld application of the antitrust per se rule to Leegin Creative Leather Products, Inc.’s imposing a vertical minimum price-fixing agreement on its retailer, PSKS, Inc., doing business as Kay’s Kloset ... Kay’s Shoes. PSKS, Inc. v. Leegin Creative Leather Prods., Inc., 171 Fed.Appx. 464 (5th Cir. 2006). The Supreme Court reversed, holding “[v]ertical price restraints are to be judged according to the rule of reason” and “remanded for proceedings consistent with [its] opinion”. Leegin Creative Leather Prods., Inc. v. PSKS, Inc., — U.S. -, 127 S.Ct. 2705, 2725, 168 L.Ed.2d 623 (2007). Accordingly, this action is REMANDED to district court for proceedings consistent with the Supreme Court’s opinion.

REMANDED.

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