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Tacos Inc., Tamales Ltd., and Tostadas Corporation agree to exchange information and share advertising. This trade association is most likely


A) a deal that restrains trade but does not harm competition.
B) not within the scope of the Sherman Act.
C) a per se violation of antitrust law.
D) subject to analysis under the rule of reason .

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

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Restraints of trade are laws that regulate economic competition.

A) True
B) False

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A suit is filed against Drill-Bits Corporation, alleging that the firm committed the offense of monopolization. To determine whether Drill-Bits has monopoly power requires looking at


A) the price of a share of Drill-Bits' stock.
B) Drill-Bits' size alone.
C) Drill-Bits' production methods and marketing techniques.
D) the relevant market.

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

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To deem an agreement a per se violation of antitrust law, a court must determine whether the agreement actually injures competition.

A) True
B) False

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The federal agencies that enforce the antitrust laws include


A) the U.S. Department of Justice.
B) the Securities and Exchange Commission .
C) the Consumer Financial Protection Bureau.
D) the Food and Drug Administration.

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

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The offense of monopolization does not require an intent to monopolize.

A) True
B) False

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An attempt to monopolize is not likely to succeed unless the alleged offender possesses some degree of market power.

A) True
B) False

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The Clayton Act is aimed at the same practices that are covered by the Sherman Act.

A) True
B) False

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Competition is not necessarily diminished solely as a result of market concentration.

A) True
B) False

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Meat Packing Corporation buys National Butcher Shops Inc. in an attempt to gain monopoly power. Remedies that a court might impose in a suit against Meat Packing for a violation of the antitrust laws include divesting itself of


A) control of the butcher shops.
B) ownership of the butcher shops
C) all of the choices.
D) damages and attorneys' fees.

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

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Any agreement among competitors that artificially fixes prices is a per se violation of Section 1 of the Sherman Act.

A) True
B) False

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U.S. antitrust laws do not apply outside U.S. territory.

A) True
B) False

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Refer to Fact Pattern 42-1. A court would most likely rule that the agreement between Pharma and Renew is


A) a deal that neither restrains trade or harms competition.
B) not within the scope of the Sherman Act.
C) a per s e violation of the Sherman Act.
D) subject to analysis under the rule of reason .

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

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Snobords Inc. refuses to sell its products to Timber WinterSports Stores, Inc., a retail snowboard dealership. This violates Section 2 of the Sherman Act if Snobords has monopoly power and


A) none of the choices.
B) Timber has or is likely to acquire monopoly power.
C) the refusal is unilateral.
D) the refusal has an anticompetitive effect on the market.

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

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Under an exclusive-dealing contract , a group of competitors refuse to deal with a particular person or firm.

A) True
B) False

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Spa Company makes and sells beauty supplies. By selling its products at prices substantially below the normal cost of production, Spa hopes to drive its competitors from the market. This is


A) market power pricing.
B) predatory pricing.
C) price discrimination .
D) price-fixing.

E) A) and B)
F) B) and D)

Correct Answer

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The U.S. Department of Justice can prosecute violations of the Sherman Act.

A) True
B) False

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Transformer Corporation and United Voltage Inc. are the principal suppliers of their product in their market. They agree that Transformer will sell exclusively to retailers and United will sell exclusively to wholesalers. This is most likely


A) a situation that neither restrains trade nor harms competition.
B) not within the scope of the Sherman Act.
C) a per se violation of antitrust law.
D) subject to analysis under the rule of reason .

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

Correct Answer

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A court deems an agreement between BioTech Inc. and ChemCorp to be a per se violation of the Sherman Act. With respect to this agreement, the court can


A) not determine whether its benefits outweigh its anticompetitive effects.
B) considers its benefits to the firms' customers .
C) apply the rule of reason.
D) review its effect on the relevant market.

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

Correct Answer

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Agreements that are deemed illegal per se under Section 1 of the Sherman Act include all of the following except


A) a price-fixing agreement.
B) a group boycott.
C) a trade association.
D) a market division.

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

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