DOJ Criminal Antitrust Rule Unconstitutional, High Court Told

Law360 (October 25, 2019, 6:07 PM EDT) -- A pair of nonprofits pressed the U.S. Supreme Court to review criminal antitrust convictions handed down against three California residents for bid-rigging, arguing the way the U.S. Department of Justice goes after such violations is unconstitutional.

In separate briefs lodged with the high court Thursday, the National Association of Criminal Defense Lawyers and the Due Process Institute railed against use of the per se rule in criminal law, saying it gives the government too much of a leg up by stripping defendants of a way to defend their actions.

The Justice Department only pursues criminal antitrust cases under the per se evidence test...

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