If an action is determined to be illegal per se, the courts are not required to apply the rule of reason to analyze the case further.

Question

Quizplus · Accepted Answer

For agreements or practices that are so plainly anticompetitive and so lacking in any redeeming values that they are conclusively presumed to be illegal without further examination under the rule of reason. These agreements have such a pernicious effect on competition that elaborate inquiry as to the precise harm they may cause or a business excuse for them is unnecessary. They are said to be illegal per se. It is not necessary to examine them to see if they are reasonable. They are conclusively presumed to be unreasonable.

If an Action Is Determined to Be Illegal Per Se