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
USA
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.

Look at other dictionaries:

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  • Illegal per se — The term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as scienter or other defenses. Acts are made illegal per se by statute, constitution, or case… …   Wikipedia

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  • nemo potest facere per alium quod per se non potest — /niymow powtast faesariy par aeliyam kwod par siy non powtast/ No one can do that by another which he cannot do of himself. A rule said to hold in original grants, but not in descents; as where an office descended to a woman, in which case,… …   Black's law dictionary

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  • Rule of reason — The rule of reason is a doctrine developed by the United States Supreme Court in its interpretation of the Sherman Antitrust Act. The rule, stated and applied in the case of Standard Oil Co. of New Jersey v. United States , 221 U.S. 1 (1911), is… …   Wikipedia

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  • Rule of law — The rule of law, in its most basic form, is the principle that no one is above the law. Thomas Paine stated in his pamphlet Common Sense (1776): For as in absolute governments the king is law, so in free countries the law ought to be king; and… …   Wikipedia

  • flat rule — n: per se rule Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Clean path rule — Nardone gegen USA Entschieden 11. Dezember 1939 Rubrum: Frank C. Nardone et al …   Deutsch Wikipedia

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