per se illegality

per se illegality

the outright prohibition of elements of MARKET CONDUCT (for example, RESTRICTIVE TRADE AGREEMENTS) and MARKET STRUCTURE (for example, MERGERS, which would reduce competition) under a NONDISCRETIONARY COMPETITION POLICY.
References in periodicals archive ?
Applying the per se illegality doctrine for years has proven to be a mistake.
Adoption of a market power standard, resulting in the lack of per se illegality, has given the JFTC the burdensome task of delineating relevant markets and calculating the combined market shares of cartel participants.
11) For 96 years, the Court had adhered to a rule of per se illegality for minimum resale price maintenance (RPM) on the grounds that it was a violation of the Sherman Act.
It leaves horizontal pricing agreements--collusion among competitors--under the per se illegality rule.
Bulow argues for per se illegality of settlements that include side payments or deals which are beneficial to the generic.
For the latter he advocates per se illegality, or a rule of reason in which the defendant bears the burden of proving that the change in net welfare is positive [7, 1001-2].
As a result of Leegin, United States federal courts now evaluate minimum RPM under a "rule of reason," as opposed to the longstanding rule of per se illegality.
In consideration of the experience in the United States and the EU, as well as the recommendations of the OECD and the ICN, it is advisable that Asian competition laws adopt a per se illegality rule against hard-core cartels, through statutory amendment or establishment of enforcement regulations or guidelines.
As we concluded earlier, per se illegality seems inappropriate because the provision of product-specific services can result in welfare gains.
50) the Court held certain vertical non-price restrictions per se illegal under the Sherman Act, further expanding the notion of per se illegality.
9) Notably, they found that RPM and nonprice restraints are substitutes for coping with these externalities, calling into question the difference at the time between per se illegality of RPM and rule of reason treatment of nonprice restraints.
It is clear that the per se illegality of RPM is questionable.