US DOJ defends per se theory in erosion control price-fixing case
( May 22, 2026, 20:10 GMT | Official Statement) -- MLex Summary: The US Department of Justice urged an Oklahoma federal judge to reject a motion to dismiss filed by Sioux Erosion Control, its partial owner BG Dale Biscoe and estimator Randall Shelton. The government accuses them of agreeing to fix prices and rig bids for erosion control products and services. "The per se illegality of these types of agreements is a substantive rule of law, not a mere evidentiary shortcut," the DOJ said, adding that the Sherman Act and "the decades of binding precedent applying the law" provide them with clear notice that their conduct was illegal.See attached filing....
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