per se rule

per se rule
per se rule n
1: a generalized rule applied without consideration for specific circumstances
would go even further and apply a per se rule of invalidity to affirmative action programs — Alan Freeman – called also flat rule;
2: a rule that considers a particular restraint of trade to be manifestly contrary to competition and so does not require an inquiry into precise harm or purpose for an instance of it to be declared illegal
applied the per se rule to price-fixing by public utilities compare rule of reason

Merriam-Webster’s Dictionary of Law. . 1996.

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. The only relevant question under the per se rule is whether an agreement falls into one of these categories. Examples of categories held to be per se illegal are agreements to fix prices or output and agreements to divide territories or customers.
See also rule of reason.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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