Which of the Following Is True of the Per Se

question 63

Multiple Choice

Which of the following is true of the per se rule in restraint of trade?

• A) fails to permit any defenses and justifications to save the restraint of trade
• B) applies only to restraints that are found to be unreasonable with certain evidentiary standards being met
• C) applies to restraints that are based primarily on the firm's market share and power
• D) requires a balancing of the positive and negative effects of the challenged restraint

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Definitions:

Punitive Damages

Compensation awarded to a plaintiff beyond actual damages, intended to punish the defendant for particularly egregious conduct.

Malice

Intention to do harm or act with a harmful intent, often considered in legal contexts involving defamation or malicious prosecution.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment Policies

Organizational guidelines designed to prevent and address improper or discriminatory behavior in the workplace.