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...

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!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!