Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust

In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.

13 minute read January 01, 2020 at 12:07 AM
By
Robert J. Anello and Richard F. Albert
Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust

In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context.

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