Antitrust Counsel Quoted on Resale Price Maintenance Decision

Law360 | May.16.2012

This article, about the Kansas Supreme Court's decision that resale price maintenance agreements are illegal, quotes San Francisco antitrust and competition of counsel Howard Ullman.

Part of what makes the Kansas decision so surprising is that many attorneys had thought that these types of agreements would be covered by the rule of reason in that state, according to Orrick, Herrington & Sutcliffe LLP of counsel Howard M. Ullman.

"This appears to be a shift from the Kansas court as to its own state law," Ullman said. "The states you thought were safe maybe no longer are ... so even if you decide to take the risk of pursuing an retail price maintenance policy in a state you think is okay, that may no longer be true."