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Kansas acts quickly to restore status quo for resale price maintenance review

By  |  May 20, 2012

The House of the Kansas legislature passed SB 291 after the state Supreme Court held that resale price maintenance agreements were per se violations of Kansas antitrust law. The bill aims to reset the standard of reviewing such agreements back to the rule of reason. O’Brien v. Leegin Creative Leather Products Inc., decided on May 4, was in conflict with a 2007 U.S. Supreme Court case, Leegin Creative Leather Products, Inc. v. PSKS, Inc., which held that resale price maintenance was to be evaluated under the rule of reason. The O’Brien court found that resale price maintenance agreements violated the Kansas Restraint of Trade Act.

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    Related content: A Civil Conflict: Can the States Overturn Leegin? (Leiv Blad & Bryan Killian, Bingham McCutchen)

     

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