In a May 2012 decision, the Kansas Supreme Court had rejected the U.S. Supreme Court’s decision in Leegin v. PSKS that overturned the per se rule under the federal antitrust laws against minimum resale price maintenance in favor of the rule of reason. The Kansas high court, by contrast, held that, under the state’s own antitrust law, the per se rule would remain in place.
The Kansas legislature has now reversed that decision, bringing Kansas state antitrust law largely in line with federal law. The statute also added a new section to the Kansas Restraint of Trade Act specifying that the state’s courts should general construe that law “in harmony” with the U.S. Supreme Court’s interpretations of federal antitrust law. One exception was recognized, however, for indirect purchasers seeking damages. Those claims would be permitted under the state law even though they are barred by federal law.