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The U.S.Attorney General brought a Sherman Act lawsuit against competitors in the widget market.The Attorney General alleged that these companies agreed to charge $20 for widgets.Which of the following defenses may apply?


A) That the $20 price was fair.
B) That the $20 price was lower than the price before the agreement.
C) That the businesses did not agree to charge $20 for widgets.
D) That the competitors would have gone out of business without the agreement.

E) A) and B)
F) A) and C)

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Assume that Lake Mirage Houseboats,Reflections Houseboats,and Upscale Houseboats all merged into one houseboat manufacturing company.Such a merger would be a(n) :


A) vertical merger.
B) vertical cooperative arrangement merger.
C) horizontal merger.
D) intracompetitive merger.

E) None of the above
F) All of the above

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If a company has violated antitrust laws:


A) the Justice Department can initiate only noncriminal charges against the violator.
B) the Federal Trade Commission may file criminal proceedings against the violator.
C) any private person or company that has been harmed by the violator can file a lawsuit to recover damages.
D) All the above.

E) C) and D)
F) A) and C)

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Per se violations of the antitrust laws are subject to both civil and criminal penalties.

A) True
B) False

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The traditional formula for determining damages for a violation of the Robinson-Patman Act was to:


A) calculate the estimated amount of lost profits.
B) determine the difference between the two prices and multiply the difference by the number of units purchased.
C) allow a jury to determine the amount of punitive damages without using any particular formula.
D) All the above.

E) B) and D)
F) None of the above

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Discuss when monopoly power is not a violation of Section 2 of the Sherman Act.

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Under Section 2 of the Sherman Act,it is...

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Larger Hardware advertises very low prices on standard items.Smalltown Hardware is having trouble competing and files a predatory pricing lawsuit against Larger.To win the case,Smalltown must prove:


A) Larger Hardware is selling its products below cost.
B) Larger Hardware intends Smalltown to go out of business.
C) if Smalltown goes out of business, Larger will be able to earn sufficient profits to recoup its prior losses.
D) All of the above.
E) Only (a) and (b) .

F) B) and C)
G) A) and B)

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Two universities located within 30 miles of each other agree to divide their market so as to help them both. The two schools draw a line down a map and each university agrees to accept students only on their side of the line. -Such an agreement is:


A) a per se violation of antitrust law.
B) subject to the rule of reason test to determine if it violates antitrust law.
C) not governed by antitrust law since educational institutions are exempt from this area of law.
D) subject to state regulations but not to the Justice Department.

E) A) and B)
F) All of the above

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Gary,Louise,and Brian,who own competing gas stations in town,happen to see each other at a restaurant one morning and have breakfast together.While talking,they decide to set their gas prices at the same amount.They have committed an illegal act only if the agreed price is unfair to consumers.

A) True
B) False

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John D.Rockefeller was the main reason which legislation was enacted?


A) Sherman Act.
B) Robinson-Patman Act.
C) Clayton Act.
D) NLRA.

E) A) and D)
F) None of the above

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The most accurate statement about the Robinson-Patman Act is that:


A) it has rarely been enforced in recent years.
B) the U. S. government has stepped up its enforcement during the last decade.
C) it has been declared unconstitutional.
D) it was repealed by Congress in 2004.

E) C) and D)
F) All of the above

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Great Source Co.has an 85 percent market share.Under modern antitrust law,Great Source necessarily has a monopoly.

A) True
B) False

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In the Fears v.Wilhelmina Model Agency,Inc.case,the court held:


A) parallel business behavior conclusively establishes agreement sufficient to constitute a Sherman Act offense.
B) in this case the defendants did not possess a common rational motive to conspire.
C) plaintiffs offering parallel conduct as evidence of an antitrust conspiracy must demonstrate additional circumstances in order to infer a conspiracy.
D) plaintiffs did not need to demonstrate "plus factors" in this case since the defendants' conduct was egregious.

E) A) and B)
F) A) and C)

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Cowan Manufacturing would commit:


A) a rule of reason violation of the Sherman Act by setting a maximum, but not a minimum, price its distributors can charge.
B) a rule of reason violation of the Sherman Act by setting a minimum, but not a maximum, price its distributors can charge.
C) a rule of reason violation of the Sherman Act by setting either a minimum or a maximum price its distributors can charge.
D) a per se violation of the Sherman Act by setting a minimum price its distributors can charge and a rule of reason violation of the Sherman Act by setting a maximum price its distributors can charge for its products.
E) no violation of the Sherman Act by setting minimum or maximum prices its distributors can charge for its products.

F) B) and E)
G) C) and D)

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The FTC blocked the merger of Staples,Inc.and Office Depot because of the large percentage of the national market for office supplies they would control if they merged.

A) True
B) False

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Recently the Supreme Court held resale price maintenance is a rule of reason violation of the Sherman Act.

A) True
B) False

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Most countries other than the United States do not permit private parties to sue for violation of antitrust laws.

A) True
B) False

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A vertical merger involves companies at different stages of the production process.

A) True
B) False

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Ed was an independent owner of a chain of TV stores.He successfully got customers into his store by cutting his prices on widely advertised name-brand products in order to sell other products for which he received a bigger profit.When the manufacturers of three of the name-brand products discovered Ed's actions,they agreed secretly to stop selling him their TVs.The three manufacturers:


A) are doing nothing illegal, as they did not get Ed to agree to anything.
B) are free to agree not to deal with Ed since the public can go elsewhere and will not be hurt economically.
C) can choose either as a group to deal or not to deal with any retailer they want.
D) are engaged in a rule of reason violation of the antitrust laws.

E) A) and B)
F) None of the above

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Violations of antitrust law are either "per se" violations or "rule of reason" violations.What are the differences between these two types of violations? Give examples of each.

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A "per se" violation is a violation that...

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