Per se violation refers to the unethical practice of companies colluding to set high prices for their products, instead of competing with each other. This practice is universally condemned as it unfairly disadvantages consumers who seek to purchase goods at a reasonable price, without having to demonstrate any specific harm caused by the collusion.
A per se violation refers to a trade practice that is inherently anticompetitive and detrimental to the public, without the need to assess its impact on market competition. This implies that the practice is illegal by its very nature, irrespective of any particular circumstances or consequences. For instance, price-fixing is deemed a per se violation of antitrust laws. This signifies that if two or more companies agree to set prices for their products or services, they are automatically engaging in illegal activity, even if they do not actually harm competition or consumers in any way. Another example of a per se violation is bid-rigging, which occurs when companies collude to manipulate the bidding process for contracts. This practice is inherently anticompetitive as it eliminates the possibility of fair competition and can lead to higher prices and lower quality for the buyer. These examples exemplify the concept of per se violations because they are practices that are considered illegal regardless of any specific circumstances or effects. Even if price-fixing or bid-rigging does not actually harm competition or consumers, they are still considered illegal due to their inherent anticompetitive nature and the harm they pose to the public.
A Per Se violation is a legal term used to describe a violation that is considered inherently illegal, without the need for further analysis or evidence.
Examples of Per Se violations include price-fixing, bid-rigging, market allocation, and group boycotts.
To prove a Per Se violation, the plaintiff must show that the defendant engaged in the illegal conduct and that the conduct had an anti-competitive effect on the market.
Penalties for a Per Se violation can include fines, damages, and injunctive relief.
Yes, a defendant can argue that their conduct was not a Per Se violation and that it should be analyzed under the rule of reason.
The rule of reason is a legal standard used to analyze conduct that may have anti-competitive effects. Under the rule of reason, the court will consider the pro-competitive and anti-competitive effects of the conduct.
The court will consider the nature of the conduct and whether it is inherently anti-competitive. If the conduct is considered inherently anti-competitive, it will be analyzed as a Per Se violation.
No, a defendant cannot be found liable for both a Per Se violation and a rule of reason violation for the same conduct.
Yes, a plaintiff can recover treble damages for a Per Se violation under the antitrust laws.
Yes, a defendant can be criminally prosecuted for a Per Se violation under the antitrust laws.
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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