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Hogan Lovells | USA | 23 May 2013

Kansas legislature overrides state court departure from Supreme Court precedent

The Kansas legislature recently enacted a law that re-establishes that resale price maintenance (RPM) agreements are subject to a rule-of-reason analysis under Kansas antitrust law. The legislation was a direct response to a Kansas Supreme Court decision which held that contrary to a leading US Supreme Court's decision, RPM agreements are still considered per se unlawful under Kansas......
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