per se unreasonableness
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 356 U.S. 1 - Northern Pacific Railway Co. v. United States · 1958Most cited · 4,219 citing opinions
There are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use.
How often courts cite the cases defining “per se unreasonableness”
Court decisions citing the 2 opinions that defined “per se unreasonableness” — 6,222 in all, by decade. Counts are citations to the defining cases 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.
All 2 definitions, chronological · 1947–1958
- ORIGINAL
it is unreasonable, per se, to foreclose competitors from any substantial market
tying arrangements