The American Antitrust Institute has filed an amicus brief in PSKS, Inc. v. Leegin Creative Leather Products, Inc., No. 09-40506 (5th Cir. Aug. 15, 2009). The brief, AAI Legal Advocacy Director Richard Brunell, argues that the Fifth Circuit ought to shun a full "rule of reason" probe of resale price-fixing claims in favor of a short cut method. The middle way between rule of reason and per se would allow claims if the plaintiff cites any of the factors the Supreme Court noted in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007).
Blawgletter's partner, Marc M. Seltzer, signed the amicus. He serves on AAI's Advisory Board.