per se rule
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 388 U.S. 365 - United States v. Arnold, Schwinn & Co. · 1967Most cited · 1,360 citing opinions
vertical territorial restraints after title passes
Once the manufacturer has parted with title and risk, he has parted with dominion over the product, and his effort thereafter to restrict territory or persons to whom the product may be transferred whether by explicit agreement or by silent combination or understanding with his vendee—is a per se violation of § 1 of the Sherman Act.
How often courts cite the case defining “per se rule”
Court decisions citing the opinion that defined “per se rule” — 1,360 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.