Are there any defenses against antitrust violations?
Yes, there are defenses against antitrust violations in Kansas. The Sherman Antitrust Act and other federal laws provide that a person and/or business may have a valid defense to a claim of an antitrust violation. A defense may also be available under the laws of Kansas. The most common defense in antitrust cases is the antitrust exemption. This exemption applies when the conduct alleged to be in violation of antitrust laws is permitted by some other law. For example, certain activities that may have anti-competitive effects may be exempted from antitrust laws because they are part of government-approved regulatory or public policy initiatives. Another defense sometimes raised in antitrust cases is the efficiency defense. This defense is available if the conduct that is alleged to be in violation of antitrust laws is reasonable and justified by the expected efficiency benefits that it will bring about. Finally, a defense of necessity may also be available in antitrust cases. This defense is available if the conduct is required in order to avoid harm that outweighs the harm that will be caused by the conduct alleged to be in violation of antitrust laws. It is important to remember that antitrust defenses are case-specific and should be discussed with an experienced attorney. An experienced attorney can help you determine the best defense for your particular situation.
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