Legal Definitions - per se violation

A per se violation is a trade practice that is considered inherently anticompetitive and harmful to the public without any need to determine whether it has actually injured market competition. This means that the practice is illegal by its very nature, regardless of any specific circumstances or effects.

For example, price-fixing is considered a per se violation of antitrust laws. This means that if two or more companies agree to set prices for their products or services, they are automatically breaking the law, even if they do not actually harm competition or consumers in any way.

Another example of a per se violation is bid-rigging, which occurs when companies collude to rig the bidding process for contracts. This practice is considered inherently anticompetitive because it eliminates the possibility of fair competition and can result in higher prices and lower quality for the buyer.

These examples illustrate the concept of per se violations because they are practices that are considered illegal regardless of any specific circumstances or effects. Even if price-fixing or bid-rigging does not actually harm competition or consumers, they are still considered illegal because they are inherently anticompetitive and harmful to the public.