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Per Se Violations

Learn about restrictive conduct that is treated as per se illegal.


In this lesson, we’ll learn about restrictive conduct that’s treated as per se illegal.

I.              Per Se Violations

Although on its face § 1 of the Sherman Act applies to every horizontal restraint on trade, courts and practitioners have long interpreted it to prohibit only improper restraints. That’s because almost any dealing between potential competitors has ancillary effects of restraining trade even if the overall...