Per Se Violation

Per Se is a Latin term meaning “in of itself.” A per se violation is an act which is in of itself an offence against the law, without room for debate, or in the context of tort law an act which will always result in liability. In international commercial law per se is used to describe activities that are prohibited without debate and also to describe violations of competition or antitrust law that are clear-cut, often also described as hard-core violations. In the context of intellectual property some actions are described as per se infringement, meaning actions for which there can be no realistic defence.