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

551 U.S. 877 (2007) Supreme Court of the United States 2007-06-28

civil treble-damages suit by terminated discounting retailer against manufacturer; jury verdict for plaintiff under per se rule (expert on procompetitive effects excluded), affirmed by CA5; certiorari on whether to overrule Dr. Miles (result: remanded)

Facts

  1. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers satisfied conceded
    In 1997, Leegin instituted the “Brighton Retail Pricing and Promotion Policy.”
  2. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers satisfied conceded
    It offered retailers incentives to become Heart Stores, and, in exchange, retailers pledged, among other things, to sell at Leegin’s suggested prices.
  3. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers satisfied conceded
    Leegin responded that it had established a unilateral pricing policy lawful under § 1, which applies only to concerted action.
  4. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers satisfied conceded
    On appeal Leegin did not dispute that it had entered into vertical price-fixing agreements with its retailers.