How Per Se Rule Will Die In Criminal Antitrust Cases
Law360 (March 20, 2019, 5:33 PM EDT) -- The per se rule for horizontal price-fixing and bid-rigging has been entrenched in U.S. Supreme Court jurisprudence since at least United States v. Socony-Vacuum Oil Co in 1940. That may change in the near future.
Challenges in lower courts to the per se rule have become more frequent. While these challenges have been repelled by Supreme Court precedent, the current Supreme Court may be receptive to revisiting the per se rule.
Justices Sonia Sotomayor and Neil Gorsuch, while representing so-called different wings of the Supreme Court, have taken an interest in cases where the defendant claims he has been denied the...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!