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These include straightforward agreements between rival businesses or people to split markets, fix pricing, or rig bids. Because these actions violate the Sherman Act "per se," no defense or excuse are permitted.
Is market division a per se violation?
- The Sherman Act carries potentially harsh consequences. A market distribution among rivals is regarded by federal antitrust law as an antitrust law violation per se.
- Only when potentially anticompetitive actions outweigh their pro-competitive benefits are they considered prohibited.Price fixing, bid rigging, horizontal customer allocation, and territory allocation agreements are all per se violations of the Sherman Act.
- A per se violation does not call for further investigation into the practice's actual impact on the market or the motivations of those who engaged in it.
- Price fixing, bid rigging, and market sharing among competitors (often referred to as "horizontal agreements") are the most frequent violations of the Sherman Act and the ones that are most likely to be criminally prosecuted.
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