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Which of the following is false regarding private enforcement of antitrust laws?


A) A private party can bring suit under the Clayton Act.
B) A private party can bring suit under the Sherman Act.
C) Under the Sherman Act a private party may receive treble damages.
D) A private party who prevails may receive attorney fees under the Sherman Act and under the Clayton Act.
E) Private parties are responsible for only a minority of antitrust claims brought to court in recent years.

F) A) and E)
G) A) and D)

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Which of the following references the type of merger that occurs when an acquiring firm desires to spread into a new market where it does not have a product,merges with a firm in that market,and continues to produce the other firm's product in the target market?


A) Horizontal extension
B) Market extension
C) Diversification
D) Vertical extension
E) Product extension

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

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Which of the following is true regarding Benny's claim that he could not have a monopoly because Prudence was also operating a tour service?


A) He was correct.
B) He was incorrect; and if a company enjoys 70 percent of the relevant market, the court will usually hold that the firm has monopoly power.
C) He was incorrect; and if a company enjoys 60 percent of the relevant market, the court will usually hold that the firm has monopoly power.
D) He was incorrect; and if a company enjoys 51 percent of the relevant market, the court will usually hold that the firm has monopoly power.
E) He was incorrect; and if a company enjoys 40 percent of the relevant market, the court will usually hold that the firm has monopoly power.

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

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What would the government's best argument to the court be regarding the conduct of Bruce and Jimmy?


A) That a rule-of-reason violation occurred.
B) That an acknowledged violation occurred.
C) That a per se violation occurred.
D) That a refusal to deal occurred.
E) That an intrastate concerted action occurred.

F) A) and C)
G) None of the above

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Which of the following was the result of the claim of the U.S.Department of Justice that Microsoft Corporation violated Sections 1 and 2 of the Sherman Act?


A) The court ruled that Microsoft violated both Sections 1 and 2 of the Sherman Act.
B) The court ruled that Microsoft violated neither Section 1 nor Section 2 of the Sherman Act.
C) The court ruled that Microsoft violated Section 1 but not Section 2 of the Sherman Act.
D) The court ruled that Microsoft violated Section 2 but not Section 1 of the Sherman Act.
E) The court ruled that Microsoft violated both Sections 1 and 2 of the Sherman Act but that because the U.S. Department of Justice "sat on its rights" and delayed prosecution, the suit was subject to dismissal.

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

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Which of the following references the type of conglomerate merger that occurs when a firm attempts to extend the market for one of its current products by merging with a firm already active in the target market?


A) Horizontal extension
B) Market extension
C) Diversification target
D) Vertical extension target
E) Product extension

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

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By what U.S.Constitutional authority did Congress pass the Sherman Act?


A) Through its authority to regulate interstate commerce.
B) Through its authority to prevent discrimination.
C) Through its authority under the First Amendment.
D) Through its authority under the Fourth Amendment.
E) Pursuant to the due process clause contained in both the Fifth and Fourteenth Amendments.

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

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Section 2 of the Sherman Act prohibits all monopolies.

A) True
B) False

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Which of the following was left the responsibility of identifying which specific behaviors were prohibited under the Sherman Act?


A) Congress which amends the Sherman Act from time to time to set forth additional specific offenses.
B) State legislatures.
C) Local governing bodies.
D) The courts.
E) Both state legislatures and local governing bodies.

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

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Contrast traditional antitrust theories with the Chicago School theories.

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Traditional antitrust theorists argue th...

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Farmers are prohibited by antitrust laws from belonging to cooperatives that set prices.

A) True
B) False

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Which of the following is true regarding the contention of Shirley that her agreements with sellers to the effect that the sellers will only carry her scuba gear are good business practices and legal?


A) She is correct.
B) She is wrong because an agreement that a seller will only carry a seller's merchandise is per se illegal under Section 1 of the Sherman Act.
C) She is wrong because an agreement that a seller will only carry a seller's merchandise is per se illegal under the Clayton Act.
D) Additional information is needed in order to determine whether she violated either the Clayton Act or the Sherman Act because her actions will be reviewed under a rule-of-reason test with the primary inquiry being whether her actions were reasonable in view of competitive practices in the industry.
E) If the agreement lessens competition or tends to create a monopoly, the agreement is in violation of Section 3 of the Clayton Act.

F) A) and E)
G) A) and D)

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Which of the following is an inquiry into the competitive effects of a company's behavior to determine whether the benefits of the behavior outweigh the harm of the anticompetitive behavior?


A) The rule-of-reason analysis
B) The per se test
C) The quick-look standard
D) The consumer standard
E) The three-prong analysis

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

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When one company at one level of the manufacturing-distribution system acquires a company at another level of the system,the merger is called a ______ merger.


A) Horizontal
B) Vertical
C) Conglomerate
D) Joining
E) Predatory

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

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Which of the following is true if a seller engages in price discrimination in order to compete in good faith with another seller's low price?


A) That is not a defense, and the seller has violated the Clayton Act.
B) That is not a defense, and the seller has violated the Sherman Act.
C) That is a valid defense to price discrimination called the meeting-the-competition defense.
D) That is a valid defense to price discrimination called the legitimate-price-discrimination defense.
E) That is a valid defense to price discrimination called the meet-the-offense defense.

F) A) and E)
G) A) and C)

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In enacting the Sherman Act,Congress did not specify which specific behaviors were prohibited.

A) True
B) False

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Which of the following is false regarding the Federal Trade Commission Act?


A) It was passed when Congress passed the Clayton Act.
B) It prohibits unfair and deceptive methods of competition.
C) Any anticompetitive behavior not prohibited by the Sherman Act or the Clayton Act is illegal under the act.
D) The language of the act permits the Federal Trade Commission to investigate antitrust claims.
E) While the language of the act permits the Federal Trade Commission to investigate antitrust claims, it may not bring antitrust claims against violators.

F) A) and D)
G) A) and C)

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Sheila has a flower shop as does her friend Bob.Their shops are in adjoining towns located approximately 10 miles apart.Sheila agrees that she will not sell flowers for delivery in Bob's town in return for Bob agreeing that he will not sell flowers for delivery in Sheila's town.Have Sheila and Bob committed any antitrust violation,if so what and under what standard would it be reviewed?

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They have violated Section 1 o...

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A seller engages in _______ when it sells the same goods to competing buyers for different prices.


A) Price gouging
B) Price discrimination
C) Predatory pricing
D) Discriminatory pricing
E) Competitive pricing

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

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When was the Sherman Act enacted?


A) 1890
B) 1925
C) 1935
D) 1943
E) 1958

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

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