2007•The Antitrust BulletinOpen access

Overruling Dr. Miles: The Supreme Trade Commission in Action

Richard M. Brunell

Abstract

This article sharply criticizes the Supreme Court's decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. on jurisprudential and policy grounds. Placing Leegin in historical context, the article explores the role of the Supreme Court in making antitrust policy and considers the per se rule against resale price maintenance under a decision-theoretic framework.

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Key concepts: Supreme court, Rule of reason, Law, Commission, Context (archaeology), Political science, Resale price maintenance, Action (physics)