When a court uses the per se rule to interpret the Sherman Antitrust Act, its ruling is based on market conduct alone.

Question

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The per se rule is a legal doctrine that assumes certain types of conduct are illegal without having to prove their anticompetitive effects. Therefore, when a court uses the per se rule to interpret the Sherman Antitrust Act, its ruling is based solely on the nature of the conduct and not on its economic or business justifications or effects.

When a Court Uses the Per Se Rule to Interpret