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

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Any violation of Section 2 of the Sherman Act constituting a conspiracy to monopolize would also constitute a violation of Section 1.

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Some group boycotts are illegal per se while others are subject to the rule of reason.

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

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The Leegin Creative Leather Products, Inc.v.PSKS, Inc.case held that:


A) vertical agreements establishing minimum resale prices should be judged by the rule of reason standard.
B) vertical agreements establishing minimum resale prices are illegal per se .
C) horizontal price fixing agreements must be evaluated by studying the reasonableness of the restraint in light of real market forces at work in the situation.
D) if a seller can show it costs less to sell to a particular buyer, the seller may lawfully pass along the cost savings.

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What are the major functions of the Federal Trade Commission (FTC) and what power does the FTC have?

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The Federal Trade Commission has two maj...

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Margaret tells the members of the Raleigh Association of Restaurant Owners that they will be able to get a better price on linen supplies (tablecloths, napkins) if they will deal with one supplier rather than split their business between two.They all know Margaret deals with Niagara Linen rather than Cayuga.Under the Sherman Act, if they all sign contracts with Niagara:


A) there is no violation since there is no express agreement to boycott Cayuga.
B) there is no concerted action.
C) illegality may be implied from this conduct.
D) this is horizontal market allocation.

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Like the Sherman Act, Section 3 of the Clayton Act applies only to practices involving commodities, not to those that involve services, intangibles, or land.

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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) tying arrangements.
B) price discrimination.
C) mergers.
D) None of these.

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Sarreno Cheese Co.supplies mozzarella cheese to pizza restaurants at $1.70 per pound.In order to snare the business of one large pizza chain, Sarreno offers to sell them cheese at $1.45 per pound.This will violate the Robinson-Patman Act unless:


A) Sarreno can show its price is justified because of a cost savings based on quantity.
B) Sarreno lowers the price to all its customers.
C) the pizza chain can already get the cheese for $1.45 elsewhere.
D) Any of these.

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The manufacturer of Rubberware agrees to sell the distributor 1,000 boxes of 2-quart bowls only if he agrees to resell to the retailer at cost plus $1.10 per bowl and the retailer must agree to sell at no less than his cost plus.50 per bowl.This is:


A) horizontal price fixing.
B) a group boycott.
C) vertical market allocation.
D) vertical price fixing.

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Regarding Section 2 of the Sherman Act, the standard test applied by the courts requires proof of a specific intent to monopolize plus a dangerous probability of success; however, this test neither defines "intent" nor gives a standard of power by which to measure "success."

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The common law traditionally:


A) restricted competition.
B) favored concentrations of economic power in the form of trusts and combinations.
C) held that contracts in restraint of trade are illegal and unenforceable.
D) All of these.

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The Clayton Act deals with which of the following situations?


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

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Mitch Matthews at M&M Furniture Co.had an argument with the Selphi Sofa representative, so he decided that M&M  would boycott Selphi .Under the Sherman Act, this is:


A) vertical market allocation.
B) a tying arrangement.
C) no violation.
D) per se illegal.

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To determine "market share" requires knowledge of which of the following?


A) How much of the product is sold.
B) Where the product is sold.
C) What other products are substitutable for the product.
D) All of these.

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Creativ-Design, Inc.has 68% of the market share in a particular geographic region for one of its products.Does Creativ-Design have a monopoly? Explain.

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No exact percentage of market share has ...

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The main goal of antitrust regulation is to prevent competitive behavior among firms.

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If a seller of a product conditions its sale upon the buyer's purchasing a second product from the seller, this is known as a:


A) boycott.
B) horizontal restraint.
C) tying arrangement.
D) disparagement.

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A restraint involving collaboration among competitors at the same level in the chain of distribution is:


A) a trust.
B) price fixing.
C) a horizontal restraint.
D) a vertical restraint.

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