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((Short description|Term for an inherently illegal act))
((refimprove|date=February 2018))
((DISPLAYTITLE:Illegal ''per se''))
In [[US law]], the term '''illegal ''per se''''' means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of ''[[scienter]]'' (knowledge) or other defenses. Acts are made illegal ''per se'' by [[statute]], [[constitution]] or [[case law]].

==Drunk driving==
Many [[drunk driving]] laws make driving with a [[blood alcohol content]] over a certain limit (such as 0.05% or 0.08%) an act which is illegal ''per se''.

==Antitrust==
In the [[United States]], illegal ''[[wikt:per se|per se]]'' often refers to categories of [[Anti-competitive practices|anti-competitive behavior]] in [[antitrust]] [[law]] conclusively presumed to be an "unreasonable restraint on trade" and thus anti competitive.  The [[United States Supreme Court]] has, in the past, determined activities such as [[price fixing]], geographic [[market division]], and [[group boycott]] to be illegal ''per se'' regardless of the reasonableness of such actions. Traditionally, illegal ''per se'' anti-trust acts describe [[horizontal market]] arrangements among [[Competition (economics)|competitor]]s.

The illegal ''per se'' category can trace its origins in the 1898 Supreme Court case ''[[Addyston Pipe & Steel Co. v. U.S.]]'', [[Case citation|175 U.S. 211]] (1898).

A number of cases have subsequently raised doubts about the validity of the illegal ''per se'' rule.  Under modern Antitrust theories, the traditionally illegal ''per se'' categories create more of a [[presumption]] of unreasonableness.<ref>See, for example, ''[[Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.]]'', 441 U.S. 1 (1979); ''[[Nat's Collegiate Athletic Assn v. Board of Regents]]'', 468 U.S. 85, 98 (1984); ''[[Northwest Wholesale Stationers, Inc. v. Pacific Stationery & Printing Co.]]'', 472 U.S. 284, 289 (1985); and ''[[FTC v. Indiana Federation of Dentists]]'', 476 U.S. 447 (1986).</ref>  The court carefully narrowed the ''per se'' treatment and began issuing guidelines.  Courts and agencies seeking to apply the ''per se'' rule must:
# show "the practice facially appears to be one that would always or almost always tend to restrict competition and decrease output";
# show that the practice is not "one designed to 'increase economic efficiency and render markets more, rather than less, competitive'";
# carefully examine market conditions; and
# absent good evidence of competitiveness behavior, avoid broadening ''per se'' treatment to new or innovative business relationships.

==See also==
* ''[[Malum in se]]''
* [[Negligence per se|Negligence ''per se'']]
* [[Presumption]]
* [[Rule of reason]]
* [[Strict liability (criminal)]]

==References==
((Reflist))

[[Category:Competition law]]
[[Category:American legal terminology]]

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