Division of market territory has typically been viewed by the courts as a per se violation of antitrust law, meaning that the government does not need to show that any intent to harm or that actual harm took place, merely that the behavior occurred.

   For other possible violations such as: tying contracts, horizontal mergers, price discrimination, and monopolization, it has typically not been considered sufficient to show only that the behavior occurred, but that the behavior was unreasonable and harmful.

   Keep in mind that legal interpretations can and do change over the years. Behaviors that are viewed very negatively in one era may be viewed as relatively harmless at other times, depending on the makeup of the courts, the political and economic climate and possibly new economic research.

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