Illegal per se
The term illegal "per se" means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as
scienter or other defenses. Acts are made illegal "per se" bystatute ,constitution , orcase law .Drunk driving
Many
drunk driving laws make driving with ablood alcohol content over a certain limit (such as 0.05% or 0.08%) an act which is illegal "per se".Antitrust
In the
United States , illegal "per se " often refers to categories of anticompetitive behavior inantitrust law conclusively presumed to be an "unreasonable restraint on trade" and thus anticompetitive. TheUnited States Supreme Court has, in the past, determined activities such asprice fixing , retailprice maintenance , geographicmarket division , groupboycott s, and tying arrangements to be illegal "per se" regardless of the reasonableness of such actions. Traditionally, illegal "per se" anti-trust acts describehorizontal market arrangements among competitors.The illegal "per se" category can trace its origins in the
1899 Supreme Court case "Addyston Pipe & Steel Co. v. U. S. ", 175 U.S. 211 (1899 ).A number of cases have subsequently raised doubts about the validity of the illegal "per se" rule. Under modern Antitrust theories, the traditionally illegal "per se" categories create more of a
presumption of unreasonableness. [See, for example, "Broadcast Music, Inc. v. Columbia Broadcasting System, Inc. ", 441 U.S. 1 (1979); "Nat'l Collegiate Athletic Ass'n v. Board of Regents ", 468 U.S. 85, 98 (1984); "Northwest Wholesale Stationers, Inc. v. Pacific Stationery & Printing Co. ", 472 U.S. 284, 289 (1985); and "FTC v. Indiana Federation of Dentists ", 476 U.S. 447 (1986).] The court carefully narrowed the "per se" treatment and began issuing guidelines. Courts and agencies seeking to apply the "per se" rule must:
# show "the practice facially appears to be one that would always or almost always tend to restrict competition and decrease output";
# show that the practice is not "one designed to 'increase economic efficiency and render markets more, rather than less, competitive'";
# carefully examine market conditions; and
# absent good evidence of anticompetitive behavior, avoid broadening "per se" treatment to new or innovative business relationships.ee also
*
Negligence per se
*Malum in se
*Rule of reason
*Strict liability References
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per se — 1 /pər sā, ˌper ; pər sē/ adv [Latin, by, of, or in itself] 1: inherently, strictly, or by operation of statute, constitutional provision or doctrine, or case law the transaction was illegal per se see also negligence per se at negligence; … Law dictionary
Per se — (sometimes misspelled per say or persay ) is: *A Latin phrase used in English arguments for by itself or by themselves It also is used in law: *Illegal per se, the legal usage of per se in criminal and anti trust law *Negligence per se, legal use … Wikipedia
illegal — Against or not authorized by law @ illegal contract Contract is illegal where its formation or performance is expressly forbidden by a civil or criminal statute or where penalty is imposed for doing act agreed upon. Hiltpold v. T Shirts Plus, Inc … Black's law dictionary
per se — adverb /pəːˈseɪ,pɚːˈseɪ/ a) By itself; without consideration of extraneous factors. The law makes drunk driving illegal per se. b) As such; as one would expect from the name. Well, thats not correct per se, but the situation is something like… … Wiktionary
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