Sentences with phrase «se violation»

The Department investigated that regulation as a per se violation of the antitrust laws because it reduced price competition among brokers.

NAR and its industry partners have long disputed a 2010 HUD ruling that the sale of home warranty contracts by real estate agents for compensation was a per se violation of RESPA.

As noted earlier, price - fixing is a per se violation of the antitrust laws.

Like price - fixing, group boycotting is generally characterized as a per se violation of the antitrust laws, although certain boycott activities may be addressed under the Rule of Reason.

Another type of per se violation is an agreement to allocate customers.

But real - estate brokers should understand that any agreement, express or implied, with a competing brokerage to charge a certain commission, or offer the same commission splits, is a per se violation of the antitrust laws, with both criminal and civil consequences.

In U.S. v. National Association of Real Estate Boards (NAREB), the U.S. Supreme Court held that services provided by a real estate agent are within the definition of «trade,» and as a result, the price - fixing of real estate commissions was a per se violation of the Sherman Antitrust Act.

The court found that the defendant's use of «no children» in its rules constituted a per se violation of the Act's prohibition on discrimination based on family status and granted summary judgment on this claim.

Thus, the court held that FCDC, as seller of the tying product (condo units), did not have a sufficient economic interest in the tied product (management services), and that there was no per se violation.

It is a per se violation of 39:4 - 50 to operate a motor vehicle with a blood alcohol concentration («BAC») of.08 %.

Where, as here, defendants have engaged in a per se violation of Section 1 of the Sherman Act, no allegations with respect to the relevant product market, geographic market, or market power are required.

Defendants» conspiracy and agreement, in which the Publisher Defendants and Apple agreed to raise, fix, and stabilize retail e-book prices, to end price competition among e-book retailers, and to limit retail price competition among the Publisher Defendants by fixing retail e-book prices, constitutes a per se violation of Section 1 of the Sherman Act, 15 U.S.C. 1.

That's a per se violation of antitrust law, and it's punishable by criminal penalities, along side civil treble damages.

[FN62] Local ordinances are specifically not preempted by FDUTPA, [FN63] and, in fact, may form the basis for per se violations of FDUTPA.

These requirements are consistent with U.S. Supreme Court cases holding that warrantless administrative searches of commercial property are not per se violations of the Fourth Amendment.

The Court of Appeals of Washington addressed the applicable standard of review, stating that tying arrangements and price - fixing are traditionally deemed per se violations of antitrust law.

The court held that list back agreements constitute tying arrangements, which when coupled with other prerequisites, become per se violations of the Act.

Not exact matches

«I don't believe that retaining the documents is a violation of the [Iran deal] per se,» says James Acton, the director of the Carnegie Endowment's nuclear policy program.

The information on this site is for entertainment and educational purposes only.U se of this information in violation of any federal, state, or local laws is prohibited

A chief concern that Scott found is that some types of behavior trigger accusations of «per se» antitrust violations, in which the facts are secondary to any appearance of impropriety.

«if a board of education adopts a policy and its agents act contrary to it, such action will likely be considered per se unreasonable, with the result that school officials may be liable for negligence or even violation of constitutional rights.

Having multiple sites isn't a violation of their webmaster guidelines per se, so long as the sites contribute unique and compelling content that adds valuable information to the web:

In cases involving a statuatory violation of a traffic laws, a Bardstown car accident attorney can show negligence per se, which means the other driver is automatically at fault for the damages.

Negligence per se means that the violation itself is considered to satisfy both the duty and breach of duty elements of a negligence claim.

The violation by any driver of traffic laws or rules of the road may be determined to constitute negligence per se on the part of a driver whose traffic or rule violation was a cause of an accident victim's injury or death.

She also claimed negligence per se based on violations of the Texas Manual on Uniform Traffic Control Devices section 4D.05 (F)(1)(2) and City of Edinburg Resolution No. 01 - 1611.

A statute or regulation may define the applicable standard of care in a specific situation, and a violation of that statute may constitute negligence per se.

A driver's violation of such rules and traffic laws, which include speed limits, rules regarding rights of way, lane - changing rules, and others, will be considered negligence per se on the part of a driver whose rule or law violation is found to have caused a motorcyclist's injury or death.

Inter se agreements may result in a violation of applicable EU law rules.

It has been held that if a dog bites a victim while the dog is at large, the violation of section 8 - 1808 is not necessarily negligence per se, but only evidence of negligence.

Unlike an alcohol based 39:4 - 50 violation, there is no «per se» limit for operating under the influence of marijuana, heroin, prescription drugs or other mind altering substance.

Negligence per se applies when a defendant violates a law designed to protect a class of which the plaintiff is a member, the violation causes an accident, and the law was designed to prevent the type of harm that results.

After reading this one, we can't see why anyone, especially an attorney, would want to use the iCloud service — it looks like a per se ethics violation to us.

A BAC of 0.08 percent or higher is considered a «per se» violation of Colorado's DUI prohibition, while a BAC between 0.05 and 0.08 percent is considered evidence that the driver was DWAI.

If you truly want to find cheap coverage, avoid being caught in an accident or any traffic violations or citations, per se.

Encounters With the Criminal Justice System.Table 3 shows that adolescents born to nurse - visited women (treatment group 4) reported more frequent stops by police (P <.001) but fewer arrests and convictions and violations of probation (P =.005 and.001, respectively); the arrest and convictions and probation violation effects were concentrated among children born to women who were unmarried and from low - SES families (P =.03 and <.001, respectively).

Adolescents born to nurse - visited (treatment group 4) women who were unmarried and from low - SES families had fewer episodes of running away from home, arrests, and convictions and violations of probation than did their counterparts in the comparison group.

The court stated that price - fixing is not a question of whether two or more competitors have literally «fixed» a «price,» for when two partners set the price of their goods or services they are literally «price - fixing,» but they are not per se in violation of antitrust law.