O’Brien v. Leegin Creative Leather Products, Inc., 294 Kan. 318 (Kan. Sup. Ct. 2012)

(U.S. Supreme Court opinion in Leegin Creative Leather Products v. PSKS, Inc., 551 U.S. 877 (2007) inapplicable to class of consumers that sued a unit of Leegin Creative Leather Products, Inc. on basis that unit’s pricing policy for retailers amounted to price-fixing under Kansas antitrust laws; trial court had granted summary judgment for unit on basis that the plaintiff class had not presented sufficient evidence that class had paid higher prices due to the unit’s pricing policies; Kansas Supreme Court reversed because class had presented enough evidence to infer that unit’s pricing policy was “subject to an inference” that it was utilized for the purpose of price fixing and price control; unit had, beginning in 1997, given retailers “pricing guidelines” where the price of goods subject to the guidelines were about twice the wholesale cost; as a result of Court’s decision, case returns to trial court for further review in accordance with Kansas competition law).

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