Development of Per Se Illegality
Contents
Place in the Framework
Per se illegality developed for restraints that courts view as so predictably anticompetitive that detailed market analysis is unnecessary.
Core Questions
- Which restraints became per se unlawful?
- What experience or judicial confidence justifies categorical treatment?
- How do courts avoid extending per se rules to unfamiliar or integrated collaborations?
Working Notes
Add notes here on the historical development of per se treatment and the limits courts later placed on expanding per se categories.