Federal Courts Reject Criminal Defendants’ Attempts to Avoid Per Se Standard in Antitrust Prosecutions
Antitrust enforcers have recently notched a pair of significant victories, convincing federal courts in two separate cases to reaffirm the use of the per se
standard in criminal antitrust cases.
Federal courts have long applied the rule that certain restrictive business practices among competitors, such as horizontal price-fixing, bid rigging, and market allocation—are per se
illegal, regardless of any purported...