Table of Contents
Related Content. Per se offences refer to those that do not require that any adverse competitive effects be established in order to prove the offence.
What is a per se Offence?
In US law, 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 lack of scienter (knowledge) or other defenses. Acts are made illegal per se by statute, constitution or case law.
What does per se mean in legal terms?
Latin for “by itself,” in other words, inherently. For example, in tort law, a statutory violation is negligence per se. There is a duty to obey the law bound up in the duty to act non-negligently. Violating a statute is by definition a breach of the duty a person has to follow the law.
What is the 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.
What is the difference between a DUI and DUI per se?
Drunk and drugged driving charges based on chemical test results rather than proof of actual impairment. A “per se” DUI (driving under the influence) charge is based on a driver having a certain amount of drugs or alcohol in his or her blood.
Is price-fixing per se illegal?
All vertical agreements are analyzed under the Rule of Reason. Horizontal agreements with the effect of raising, depressing, fixing, pegging, or stabilizing the price of a commodity in interstate or foreign commerce (price-fixing agreements) are illegal per se.
What is a per se antitrust violation?
Tying agreements—along with price-fixing, market allocation, bid-rigging, and certain group boycotts—are considered per se antitrust violations. That is, a court need not perform an elaborate market analysis to condemn the practice because it is inherently anticompetitive, without pro-competitive redeeming virtues.
Is it per say or per se?
“per say” correct, everyone! It’s not Latin itself that trips people up, per se, but it’s the spelling of the dead language. When interwoven with our everyday speech, Latin usage sometimes allows us to say our ideas in a more sophisticated tone, but this sophistication crumbles if we spell it “per say.”.
How do you use per se in a sentence?
Per se is a Latin phrase literally meaning “by itself.” It has the sense of “intrinsically,” or “in and of itself.” In everyday speech, it’s commonly used to distinguish between two related ideas, as in, “He’s not a sports fan per se, but he likes going to basketball games.”.
What is the rule of reason and examples?
Definition: The Rule of reason is a legal approach by competition authorities or the courts where an attempt is made to evaluate the pro-competitive features of a restrictive business practice against its anticompetitive effects in order to decide whether or not the practice should be prohibited.
Is vertical price fixing illegal?
Direct agreements to maintain resale prices are per se illegal in the United States and subject to “hard-core restriction” in Europe.
What is per se evidence?
In a civil lawsuit, proving someone is guilty of an act that is illegal per se generally requires only proof that he violated a statute, and that the violation was the actual cause of the plaintiff’s damages.
What does admin per se mean?
The term administrative per se (admin per se or APS) refers to the process in which the DMV suspends or revokes the driving privilege of a person found to have driven with a . 08 % BAC level or higher, or who refuses a chemical test after a DUI arrest, or is a minor found to have driven with a .
Which is worse DUI or DWI in Maryland?
Under Maryland drunk driving laws, motorists who register a blood alcohol concentration (BAC) of 0.07% or higher will be charged with driving while impaired (DWI). An individual with a BAC of 0.08% or higher with be charged with driving under the influence (DUI). As such, DUI charges are the more serious of the two.
What does DUI mean in America?
DUI could mean driving under the influence of alcohol, or it may mean driving under the influence of drugs. The drugs could be over-the-counter, prescription or illegal. DWI, on the other hand, may mean driving while intoxicated or driving while impaired.
What is price fixing and why is it illegal?
Fixing is the practice of setting the price of a product rather than allowing it to be determined by free-market forces. Fixing is illegal when it involves collusion among two or more producers of a product or service to maintain artificially high prices or keep the prices they pay their suppliers artificially low.
What is per se rule and rule of reason?
The rule of reason is exactly opposite to the Per Se Rule, that is, the informant holds the onus of proving the information alleged by them or any anti-competitive agreement claimed by them. So, in Section 3 (1), Rule of Reason is applied and not Per Se Rule.
Is predatory pricing a per se violation?
What is Predatory Pricing? Predatory pricing is the illegal act of setting prices low in an attempt to eliminate the competition. Predatory pricing violates antitrust law, as it makes markets more vulnerable to a monopoly.
What are the three major antitrust laws?
What are the three major antitrust laws? the Sherman Act; the Clayton Act; and. the Federal Trade Commission Act (FTCA).
What is an example of an antitrust law?
An example of behavior that antitrust laws prohibit is lowering the price in a certain geographic area in order to push out the competition. For example, a large company sells widgets for $1.00 each throughout the country. Another company goes into business and sells widgets just in California or $. 90 each.
What are the four major antitrust laws?
The main statutes are the Sherman Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914.
