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Rare Heir: Will DOJ’s Kemp Charges Blur Per Se Rule?

Law360, New York (January 11, 2018, 5:41 PM EST) -- The U.S. Department of Justice Antitrust Division is pushing back strenuously against the decision of U.S. District Judge David Sam to apply the rule of reason to the conduct of heir location service providers who allocated customers between them. Under Section 1 of the Sherman Act, offenses such as horizontal price-fixing, bid rigging, and horizontal customer allocation are typically held per se illegal and other violations are evaluated under the rule of reason. In United States v. Kemp & Associates et al.,[1] the Utah federal court...
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