New Posts

Kansas Supreme Court Attempts to Dictate National Antitrust Policy

New Posts
@stevenfoley

A former U.S.Marine, he is the Creator of The Minority Report Network. He is also the Founder and Managing Editor of the Network’s flagship site, www.theminorityreportblog.com, Former Director of New Media for Liberty.com, Former Director of New Media for Liberty First PAC, and the Former Chief Managing Editor of 73Wire.com. Steve is a well respected national conservative blogger who’s dedicated the past several years of his life advancing conservatism online. Recently Steve was instrumental in the development of Liberty.com, Liberty First PAC, The Patriot Caucus, the national campaign trail and grassroots news site73wire.com.

(By Ted Frank, adjunct fellow with the Center for Legal Policy at the Manhattan Institute)

As we discussed in 2007, the U.S. Supreme Court in Leegin recognized that it was economically irrational to treat “resale price maintenance” as a per se violation of the antitrust laws, especially given existing jurisprudence recognizing economically equivalent vertical restraints as a benefit to consumers. (See also my AEI discussion; Overlawyered.)

But that hasn’t stopped the plaintiffs’ bar from forum-shopping for courts that might ignore economic reality in favor of soaking out-of-state defendants. Last week, they hit paydirt with another lawsuit against Leegin Creative Leather Products, as the Kansas Supreme Court held resale price maintenance per se illegal. But the decision goes beyond that, arguing that Kansas law holds other so-called restraints on trade illegal, even when adjudged “reasonable” (i.e., beneficial to consumers) by federal antitrust standards.

Such a rule would effectively hold illegal common business practices recognized as proper for decades, and would be a pure wealth transfer from society to lawyers, and from out-of-state businesses and consumers to Kansas. It would force interstate businesses who could not readily operate differently in Kansas than in the rest of the country to change their practices, to the detriment of consumers in all fifty states. It’s not just bad policy, but an impingement on interstate commerce and should be held a violation of the Commerce Clause for its attempt to expropriate the benefits of interstate commerce. One hopes defendant Leegin gets the U.S. Supreme Court involved; one also hopes that the Kansas legislature fixes this mess as quickly as possible before the state becomes a judicial hellhole.

Get Free Email Updates!

Signup Now to Receive Updates and Alerts!

We will never give away, trade or sell your email address. You can unsubscribe at any time.

More in New Posts

1_282015_libya-329143280-78201_c0-269-3626-2382_s561x327

Clinton Undercut by Pentagon, Congress on Libya War, Secret Tapes Reveal

Steve FoleyJan 28, 2015
Screen Shot 2015-01-28 at 9.26.42 AM

Video: Time to Stop Playing Games – Time To Build The Keystone XL

Steve FoleyJan 28, 2015
c4eaf9ce79506db35fa23a1acc43e677

AFP Leads Coalition of 50 Organizations Opposing Federal Gas Tax Hike

Steve FoleyJan 28, 2015
Image: Teachers picket outside the Chicago Public Schools headquarters

Teachers: Destroying the Nation One School District at a Time

Michael BeckerJan 28, 2015
data-security_2283310b

Stakeholders Call for Strong National Data Security Standard

Steve FoleyJan 28, 2015

The Minority Report is a network of websites devoted to Conservative & Libertarian politics in the United States. In 2014 the network had over 20 million page views!

On this site you'll find posts & links to some of the best and most comprehensive center-right news and opinion on the net...

May 2012
M T W T F S S
« Apr   Jun »
 123456
78910111213
14151617181920
21222324252627
28293031  

Archives

Copyright © 2014 The Minority Report Network