50-112.
Trusts, combinations and agreements in restraint of trade and free competition declared unlawful.
Except as provided in K.S.A. 50-163, and amendments thereto, all arrangements, contracts, agreements, trusts, or combinations between persons made with a view or which tend to prevent full and free competition in the importation, transportation or sale of articles imported into this state, or in the product, manufacture or sale of articles of domestic growth or product of domestic raw material, or for the loan or use of money, or to fix attorney or doctor fees, and all arrangements, contracts, agreements, trusts or combinations between persons, designed or which tend to advance, reduce or control the price or the cost to the producer or to the consumer of any such products or articles, or to control the cost or rate of insurance, or which tend to advance or control the rate of interest for the loan or use of moneys to the borrower, or any other services, are hereby declared to be against public policy, unlawful and void.
History:
L. 1889, ch. 257, § 1; R.S. 1923, 50-112; L. 2000, ch. 136, § 10; L. 2013, ch. 102, § 3; April 18.
Notes of Decisions
Layne Christensen Co. v. Bro-Tech Corp., 836 F. Supp. 2d 1203 (D. Kan. 2011).
· cites it 22× “Purolite claims that this provision should be deemed void as an unreasonable restraint of trade in violation of one of Kansas’s antitrust statutes, K.S.A. § 50-112. The statute reads as follows: All arrangements, contracts, agreements, trusts, or combinations between persons…”
In Re Potash Antitrust Litig., 667 F. Supp. 2d 907 (N.D. Ill. 2009).
· cites it 3× “12-205, and amendments thereto, any person injured or damaged by any such arrangement, contract, agreement, trust or combination, described in K.S.A. 50-112 and 50-113, and amendments thereto, may sue for and recover in any court of competent jurisdiction in this state, of any…”
Bergstrom v. Noah, 974 P.2d 520 (Kan. 1999).
· cites it 6× “50-132; and (3) the FLCC parties had agreed among themselves, their corporation, and with others to offer certain consignors favorable treatment on commissions while failing to offer other consignors favorable treatment on commissions, and to thereby defraud a portion of the…”
Bergstrom v. Noah, 974 P.2d 531 (Kan. 1999).
· cites it 2× “50-132, K.S.A. 50-112 and K.S.A. 50-801. Noah relied on these statutes as authority that offered a reasonable probability of injunctive relief and damages to his client.”
Suture Express, Inc. v. Owens & Minor Distrib., Inc., 851 F.3d 1029 (10th Cir. 2017).
· cites it 2× “Kansas Restraint of Trade Act The Kansas Restraint of Trade Act prohibits all agreements or contracts “made with a view or which tend to prevent full and free competition in the ... sale of articles imported into [Kansas]” and those “designed or which tend to advance, re *1046…”
Suture Express, Inc. v. Cardinal Health 200, LLC, 963 F. Supp. 2d 1212 (D. Kan. 2013).
· cites it 3× “The court further finds that plaintiffs claims that defendants, acting individually, violated § 1 of the Sherman Act and § 3 of the Clayton Act are plausible under rule of reason analysis and that analogous claims under K.S.A. 50-112 should also survive. 2 *1217 I.”
In re Lipitor Antitrust Litig., 336 F. Supp. 3d 395 (D.N.J. 2018).
“" Kan. Stat. Ann. § 50-112 . The Act defines a "trust" as a "combination of capital, skill, or acts, by two or more persons" and prohibits conspiracy or combination "with any other persons .”
In re Linerboard Antitrust Litig., 223 F.R.D. 335 (E.D. Pa. 2004).
· cites it 2× “”) with 15 U.S.C. § 1 (“Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce .”
In re Effexor Antitrust Litig., 357 F. Supp. 3d 363 (D.N.J. 2018).
“" Kan. Stat. Ann. § 50-112 . The Act defines a "trust" as a "combination of capital, skill, or acts, by two or more persons" and prohibits conspiracy or combination "with any other persons .”
In Re Terazosin Hydrochloride Antitrust Litig., 160 F. Supp. 2d 1365 (S.D. Fla. 2001).
“§ 28-4501 (providing right of action against antitrust conspiracies restraining commerce "within the District of Columbia”); Kan. Stat. Ann. § 50-112 (prohibiting contracts that "tend to prevent full and free competition in the importation, transportation or sale of articles…”
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