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On May 15, Axinn partner Tiffany Rider will speak on the "Per Se or Rule of Reason? Courts Increasingly Struggle with Legal Analysis Standard in Cartel Case" panel at Global Competition Review's Cartels Conference in Washington, DC.
In the U.S., the DOJ has only brought cartel cases on traditional categories of conduct such as price fixing, bid rigging and market allocation, and courts have routinely agreed these should be analyzed under a per se standard. Recent forays into conduct that courts consider more novel or aggressive have led courts to question whether per se treatment is appropriate, or to allow evidence of purpose, reasonableness, and effect into criminal trials that would previously been excluded. Panelists will discuss when and why each standard is likely to apply in cartel cases.
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