Heir Locator's Anti-Per Se Arguments Already Rejected: DOJ

Law360 (January 11, 2019, 7:26 PM EST) -- To salvage a criminal antitrust case against an heir-locating business, the U.S. Department of Justice continued to push a Utah federal judge Thursday to impose the easier-to-prove per se test to show that the company's alleged decision to divvy up its market with a competitor was illegal.

In a filing Thursday to U.S. District Judge David Sam, the DOJ argued that the Tenth Circuit already rejected assertions that would block the case from being considered under the "per se" standard, the only standard under which DOJ policy permits prosecutors to bring antitrust cases.  

In this case, however, Judge Sam imposed the rule of reason test to...

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