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The Per Se Rule Against Hard-core Antirust Violations: Etched in Stone or Endangered Species?

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This article addresses the application of the rule of reason in criminal cases, an approach adopted by the district court in US v. Kemp, and also discusses other recent DOJ enforcement actions. The article further discusses how the DOJ’s preference to bring civil —rather than criminal—cases may affect future criminal and civil decisions interpreting the per se rule.

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