AAI Urges Court of Appeals to Adopt Presumption of Illegality for Resale Price Maintenance Agreements (PSKS v. Leegin)

The American Antitrust Institute filed an amicus brief in the United States Court of Appeals for the Fifth Circuit urging the court to adopt a presumption of illegality for resale price maintenance agreements in general, or at least in the circumstances identified by the Supreme Court as likely to raise significant anticompetitive risks, and to overturn the lower court’s dismissal of the amended complaint filed in PSKS, Inc. v. Leegin Creative Leather Products, Inc. The brief, written by AAI Legal Advocacy Director Richard Brunell, also argued that the lower court erred in requiring the plaintiff to meet a strict test of market definition.  A copy of the brief is available here.