New Kansas Law Undoes Antitrust Ruling On Resale Pricing

Law360, New York (April 18, 2013, 10:17 PM EDT) -- Kansas Gov. Sam Brownback signed legislation Tuesday overturning a recent ruling from the state's Supreme Court holding that resale price maintenance was per se illegal under the state's antitrust law.

The measure makes that practice and others subject to a "reasonableness" standard to determine whether conduct violates the state's antitrust laws. That test largely mirrors the rule of reason standard — which weighs the pro- and anti-competitive aspects of conduct accused of violating federal antitrust law — that the U.S. Supreme Court applied to the retail...
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