Definition: Certain acts of a real estate agent, broker or brokerage can be deemed per se offenses of the federal antitrust statutes if they are of the type that have been deemed extremely anticomptitive to the point that proof of their anticompetitive nature is not necessary, only that the defendant committed the act or acts.
The government has identified per se offenses in the real estate industry to include commission fixing, setting coop splits, boycotting competitors for any reason, or even agreeing to setting the time frame for listing contracts.
