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If a wholesaler gets a retail outlet for its goods through merger, this is a horizontal merger.

A) True
B) False

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False

McDonald's Corporation grants to Bob a franchise in which he will be the only one who has the right to sell McDonald's products in his small hometown.Under the Sherman Act:


A) this is per se illegal.
B) there is no violation.
C) this will be tested under the rule of reason.
D) there is a tying arrangement.

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

Correct Answer

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The Justice Department has expanded its enforcement policy of the Sherman Act to cover foreign companies' conduct that harms U.S.exports.

A) True
B) False

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In 1992 Horizontal Merger Guidelines were jointly issued by the Justice Department and the Federal Trade Commission.

A) True
B) False

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The Supreme Court in the Leegin Creative Leather Products, Inc.v.PSKS, Inc.case, held that:


A) the per se rule of unlawfulness is the appropriate standard to judge vertical price restraints.
B) the rule of reason is the appropriate standard to judge vertical price restraints.
C) resale price maintenance does not have economic dangers.
D) vertical agreements setting minimum resale prices have only anticompetitive effects.

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

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In determining market share, the relevant geographic market is the national market.

A) True
B) False

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Which of the following is true in relation to market share and monopoly power?


A) A market share greater than 50% generally indicates monopoly power.
B) A market share between 50 and 75% is, in itself, inconclusive in determining monopoly power.
C) Market share is rarely used as a test of monopoly power because it is difficult to determine.
D) Market share is a common test for monopoly power because it is an easy, objective measurement for courts to determine.

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

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If a small manufacturer of vacuum cleaners conditions the sales of its cleaners on the buyer's purchasing only that manufacturer's bags, under the Sherman Act this is:


A) illegal per se.
B) a tying arrangement, which will be closely scrutinized by the law.
C) a vertical customer restriction.
D) no violation.

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

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The Federal Trade Commission may issue a cease and desist order having the effect of an injunction.

A) True
B) False

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Failure to comply with Section 1, but not Section 2, of the Sherman Act is a criminal violation.

A) True
B) False

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The Clayton Act exempts labor, agricultural, and horticultural organizations from all antitrust laws.

A) True
B) False

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The Clayton Act deals with which of the following provisions?


A) Supply discrimination.
B) Tying contracts and mergers.
C) Interlocking ties.
D) Monopoly conspiracies.

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

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The Clayton Act weakened the Sherman Act by eliminating illegal acts that had previously been prohibited.

A) True
B) False

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In enacting Section 2 of the Clayton Act, Congress was concerned with sellers who sought to harm or eliminate their competitors through:


A) mergers.
B) price discrimination.
C) tying arrangements.
D) None of the above.

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

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Section 2 of the Sherman Act prohibits contracts, combinations, and conspiracies that restrain trade.

A) True
B) False

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In order for there to be a violation of Section 2 of the Sherman Act, in addition to monopoly power, the courts must find:


A) unfair conduct or abuse of power.
B) concerted action.
C) competitive behavior.
D) economic advantage.

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

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A

Elko, Inc.and Fuldan, Inc.closely monitor each other's actions regarding the sale of consumer electronic products.Each corporation tries to match the other's product designs and specifications, prices, and advertising strategies.As a result, the two corporations have similar products, prices, and profits.Is this a violation of the antitrust laws?

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This may very well be a violation of Sec...

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When the per se approach is inappropriate in a Section 1 Sherman Act case but the challenged conduct has obvious anticompetitive effects, courts may use an intermediate test which is a "quick look" rule of reason analysis.

A) True
B) False

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True

A form of business association organized to carry out a particular business enterprise is a:


A) sole proprietorship.
B) tenancy in common.
C) joint venture.
D) competitor.

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

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The 1992 and 1997 Horizontal Merger Guidelines:


A) were issued by the Justice Department to be additional to the FTC's separate guidelines.
B) require a mechanical application; in order to reduce the previously used analytic framework, which was far too subjective and uncertain.
C) rejects use of the Herfindahl-Hirschman Index.
D) consist of four market concentration categories.
E) None of the above.

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

Correct Answer

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