This month, the Kansas Supreme Court decided a case that affects every business that sells products for resale in Kansas. Under Kansas antitrust law, any arrangement, contract, agreement or combination with a reseller that is designed or tends to control prices is illegal. This means that resale price agreements between suppliers and their retailer customers are unenforceable and could subject suppliers to significant penalties. These laws apply to suppliers whether they are based in Kansas or simply provide products for sale in Kansas.
The Kansas legislature has expressed an interest in possibly addressing this issue, but you should examine your pricing and marketing programs in the interim to ensure compliance with Kansas antitrust law. Mike Saunders of our office is prepared to help you find the appropriate solution to protect your business.