12-205.
Municipal exemption or immunity from antitrust liability.
(a) When used in this section "municipality" means any city, county, township or other political or taxing subdivision of the state.
(b) The legislature of the state of Kansas recognizes the importance and the necessity of providing and regulating certain services and activities by municipalities in order to serve and protect the public's general health, safety and welfare. Municipalities which are authorized specifically by statute or through the exercise of the municipalities' home rule power are urged to continue to provide and regulate such services and activities. Except as provided in subsection (d), such municipalities and the officers and employees thereof shall be exempt from civil liability except for injunctive relief under the antitrust laws of the state of Kansas in article 1 of chapter 50 of the Kansas Statutes Annotated. The prevailing party in any suit for such injunctive relief may be awarded attorney fees. The bond requirements of K.S.A. 60-905, and amendments thereto, shall not be applicable in suits for injunctive relief brought against municipalities for violation of the antitrust laws of the state.
(c) The antitrust immunity and exemption provided by subsection (b) shall be in addition to any municipal exemption or immunity from antitrust liability which might otherwise exist.
(d) Nothing contained in this section shall preclude the attorney general or any county or district attorney from bringing an action against a municipality for a violation of the antitrust laws or any other laws of the state.
History:
L. 1985, ch. 181, § 1; May 2.
Notes of Decisions
In Re Potash Antitrust Litig., 667 F. Supp. 2d 907 (N.D. Ill. 2009).
“Indirect Purchaser Plaintiffs’ claim for damages under Kansas law is based on the following statutory provision: “Except as provided in K.S.A. 12-205, and amendments thereto, any person injured or damaged by any such arrangement, contract, agreement, trust or combination,…”
Jiricko v. Coffeyville Mem'l Hosp. Med. Ctr., 700 F. Supp. 1559 (D. Kan. 1988).
· cites it 2× “Defendants cite K.S.A. § 12-205(b) (1987 Supp.), which provides, “Except as provided in subsection (d), such municipalities and the officers and employees thereof shall be exempt from civil liability except for injunc-tive relief under the antitrust laws of the state of…”
Classic Commc'ns, Inc. v. Rural Tel. Serv. Co., 956 F. Supp. 896 (D. Kan. 1996).
· cites it 2× “§ 35 and Kan.Stat.Ann. § 12-205. Classic Cable’s response does not address the Cities’ claimed immunity from damages, and Classic offers no legal authority to refute what appear to be clear statutory bars to such claims.”
H&C Animal Health, LLC v. CEVA Animal Health, LLC (D. Kan. 2020).
· cites it 2× “12-205, and amendments thereto, any person who may be damaged or injured by any agreement, monopoly, trust, conspiracy or combination which is declared unlawful by the Kansas restraint of trade act shall have a cause of action against any person causing such damage or injury.”
Reorganized FLI, Inc. v. The Williams Companies, Inc. (D. Kan. 2019).
“§ 50-161(b) now provides: Except as provided in K.S.A. 12-205, and amendments thereto, any person who may be damaged or injured by any agreement, monopoly, trust, conspiracy or combination which is declared unlawful by the Kansas restraint of trade act shall have a cause of…”
In Re Intel Corp. Microprocesor Antitrust Lit., 436 F. Supp. 2d 687 (D. Del. 2006).
“The Kansas statute at issue provides in full: Except as provided in K.S.A. 12-205, and amendments thereto, any person injured or damaged by any such arrangement, contract, agreement, trust or combination, described in K.”
— K.S.A. § 12-205(b) — 1 case
Jiricko v. Coffeyville Mem'l Hosp. Med. Ctr., 700 F. Supp. 1559 (D. Kan. 1988).
“Defendants cite K.S.A. § 12-205(b) (1987 Supp.), which provides, “Except as provided in subsection (d), such municipalities and the officers and employees thereof shall be exempt from civil liability except for injunc-tive relief under the antitrust laws of the state of…”
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