Justices Skip Case Over 'Per Se' Rule In Antitrust Convictions

Law360 (January 13, 2020, 5:27 PM EST) -- The U.S. Supreme Court declined Monday to review criminal antitrust convictions handed down against three California residents for bid-rigging, despite arguments from criminal justice nonprofits that the way federal prosecutors went after the violations is unconstitutional.

The National Association of Criminal Defense Lawyers and the Due Process Institute in October had pressed the justices to take up the case, insisting that the U.S. Department of Justice's use of the 'per se' rule in criminal cases denies the accused individuals a fair shake.

The DOJ pursues criminal antitrust cases only under the per se evidence test — pegging certain violations of the...

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