Violations of antitrust law are either per se violations or rule of reason violations. What are the differences between these two types of violations?
A per se violation is a violation that is automatically illegal. It is irrelevant what the effect of the given conduct is on competition; the conduct, in and of itself, is illegal. Defendants are subject to both criminal and civil penalties. The Justice Department has sought criminal sanctions against per se violators.
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A rule of reason violation will be illegal only if it results in harm to competition. Such violations are viewed on a case-by-case basis.
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