If a type of restraint is characterized as per se illegal:
A) the plaintiff need only show that the type of restraint occurred.
B) the defendants may defend on the basis that the restraint was reasonable.
C) the court is required to conduct extensive economic analysis into the type of harm caused or the business excuse for use of the restraint.
D) the plaintiff must prove that the restraint limited competition.

Question

Quizplus · Accepted Answer

If a type of restraint is per se illegal, it means that it is considered inherently anti-competitive and there is no need for the plaintiff to prove that competition was limited or the court to conduct extensive economic analysis. The plaintiff only needs to show that the restraint occurred.

If a Type of Restraint Is Characterized as Per Se