per se rule

noun

Legal Definition of per se rule

1 : a generalized rule applied without consideration for specific circumstances would go even further and apply a per se rule of invalidity to affirmative action programs— Alan Freeman

called also flat rule

2 : a rule that considers a particular restraint of trade to be manifestly contrary to competition and so does not require an inquiry into precise harm or purpose for an instance of it to be declared illegal applied the per se rule to price-fixing by public utilities — compare rule of reason

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