“Illegal per se” means that an act is inherently illegal . “Per se” means “in itself or “by itself”. ... Merely committing the act would make a person liable for the violation. Illegal per se acts are common in criminal laws such as those involving intoxication.
What is the per se rule?
A type of antitrust analysis used to determine the legality of agreements (written or oral) between competitors. Under the per se rule, certain categories of agreements are presumed to violate antitrust laws, regardless of other factors such as business purpose or competitive benefits.
What is a per se antitrust violation?
Tying agreements —along with price-fixing, market allocation, bid-rigging, and certain group boycotts—are considered per se antitrust violations. That is, a court need not perform an elaborate market analysis to condemn the practice because it is inherently anticompetitive, without pro-competitive redeeming virtues.
What is a per se offense?
“Per se,” is a Latin phrase that means “by itself.” In other words, having a 0.08 BAC by itself means that you are guilty of driving while intoxicated without regard to any other evidence .
What conduct is considered illegal under the per se rule?
Business practices considered per se illegal under antitrust laws include: (a) horizontal agreements to fix prices , (b) horizontal market allocation agreements, (c) bid rigging among competitors; (d) certain horizontal group boycotts by competitors; and (e) sometimes tying arrangements.
What are the three major antitrust laws?
- the Sherman Act;
- the Clayton Act; and.
- the Federal Trade Commission Act (FTCA).
What is an example of an antitrust law?
An example of behavior that antitrust laws prohibit is lowering the price in a certain geographic area in order to push out the competition . For example, a large company sells widgets for $1.00 each throughout the country. Another company goes into business and sells widgets just in California or $. 90 each.
Is price fixing per se illegal?
All vertical agreements are analyzed under the Rule of Reason. Horizontal agreements with the effect of raising, depressing, fixing, pegging, or stabilizing the price of a commodity in interstate or foreign commerce (price-fixing agreements) are illegal per se .
Is vertical price fixing illegal?
Direct agreements to maintain resale prices are per se illegal in the United States and subject to “hard-core restriction” in Europe. ...
How is per se used in a sentence?
Per se is a Latin phrase literally meaning “ by itself .” It has the sense of “intrinsically,” or “in and of itself.” In everyday speech, it’s commonly used to distinguish between two related ideas, as in, “He’s not a sports fan per se, but he likes going to basketball games.”
What is the rule of reason and examples?
Definition: The Rule of reason is a legal approach by competition authorities or the courts where an attempt is made to evaluate the pro-competitive features of a restrictive business practice against its anticompetitive effects in order to decide whether or not the practice should be prohibited.
What does the admin per se law specify?
The term administrative per se (admin per se or APS) refers to the process in which the DMV suspends or revokes the driving privilege of a person found to have driven with a . 08 % BAC level or higher , or who refuses a chemical test after a DUI arrest, or is a minor found to have driven with a . 01% BAC or higher.
What does Per say mean?
: by, of, or in itself or oneself or themselves : as such : intrinsically . per se .
Is predatory pricing a per se violation?
What is Predatory Pricing? Predatory pricing is the illegal act of setting prices low in an attempt to eliminate the competition. Predatory pricing violates antitrust law , as it makes markets more vulnerable to a monopoly.
What is per se rule and rule of reason?
The rule of reason is exactly opposite to the Per Se Rule, that is, the informant holds the onus of proving the information alleged by them or any anti-competitive agreement claimed by them. ... So, in Section 3 (1), Rule of Reason is applied and not Per Se Rule.
What is the doctrine of negligence per se?
In California, negligence per se is a legal doctrine that states that when a person violates a particular provision of a statute, that action is presumed to be negligent.
