The per se rule is a legal principle that automatically considers a business practice a violation of the Sherman Antitrust Act if it restricts trade, regardless of whether it harms anyone. This contrasts with the rule of reason, which evaluates the impact of the practice on competition.
The per se rule in antitrust law states that a trade practice violates the Sherman Antitrust Act if it restrains trade, regardless of whether it causes harm. This means that certain practices are considered illegal simply because they restrict competition, without needing to prove negative effects on the market or consumers. For instance, price-fixing agreements between competitors are per se illegal under the Sherman Act because they eliminate price competition and harm consumers by raising prices. Similarly, market allocation agreements, where competitors divide territories or customers, are also per se illegal because they reduce competition and limit consumer choice. The per se rule differs from the rule of reason, which requires a more detailed analysis of the competitive effects of a trade practice. Under the rule of reason, a practice may be legal if its pro-competitive benefits outweigh its anti-competitive effects. Overall, the per se rule is a powerful tool for antitrust enforcement as it enables authorities to swiftly and decisively address certain types of anti-competitive behaviour without the need for lengthy and complex economic analysis.
The Per Se Rule is a legal principle that establishes automatic liability or guilt for certain actions or offenses, regardless of the specific circumstances or intent of the individual involved.
The Per Se Rule typically applies to offenses such as driving under the influence (DUI), possession of illegal drugs, statutory rape, and certain traffic violations.
In DUI cases, the Per Se Rule establishes that a person is automatically considered guilty if their blood alcohol concentration (BAC) exceeds the legal limit, regardless of their ability to drive safely or any other mitigating factors.
Yes, the Per Se Rule can be challenged in court. Defendants can present evidence or arguments to challenge the validity or application of the rule, such as questioning the accuracy of BAC testing methods or arguing that their actions were not impaired despite exceeding the legal limit.
There may be exceptions to the Per Se Rule in certain circumstances. For example, if a person can prove that their BAC was inaccurately measured due to a faulty testing device, they may be able to challenge the automatic guilt imposed by the rule.
The Per Se Rule typically applies to illegal drugs, such as cocaine, heroin, or methamphetamine. However, it may not apply to prescription drugs if they are being used lawfully and as prescribed.
Yes, the Per Se Rule can also be applied to non-criminal offenses. For example, in some jurisdictions, a person may be automatically liable for a traffic violation if they are caught exceeding the speed limit by a certain margin.
No, the Per Se Rule may vary slightly in different jurisdictions. The specific legal limits, testing methods, and exceptions can differ from one jurisdiction to another.
Yes, the Per Se Rule can also be used in civil cases. For instance, in a personal injury lawsuit resulting from a car accident, if a driver is found to have violated a traffic law under the Per Se Rule, it can be used as evidence of negligence.
Yes, the Per Se Rule can be repealed or modified through legislative action or court decisions. Changes to the legal limits, testing procedures, or exceptions can be made based on evolving scientific evidence or societal considerations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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