Exam 4: The Multinational Enterprise

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Which of the following is the reason why the Webb Pomerene Act is cited as a criticism of the United States' antitrust laws?

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A subsidiary is considered a separate legal entity from its parent company.

(True/False)
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Under the common law theory of strict liability, defendants cannot be held liable if they can prove they exercised reasonable care.

(True/False)
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Which of the following would constitute as an example of negligence per se?

(Multiple Choice)
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What are the three tests that are used by the jurisdictional rule of reason in determining jurisdiction in anti-trust cases?

(Essay)
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The American antitrust laws authorize a court to assume personal jurisdiction if a defendant has the contacts specified by Section 12 of the Clayton Act.

(True/False)
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A ________ is an association of persons or companies that are involved in a collaboration for more than a transitory period.

(Multiple Choice)
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A blocking statute makes it easier for a successful plaintiff to enforce a U.S. judgment outside the United States.

(True/False)
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Establishing a branch in a foreign country does not create a true multinational enterprise.

(True/False)
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________ are laws enacted in some countries to obstruct the extraterritorial application of U.S. antitrust laws by limiting a plaintiff's right to obtain evidence or to enforce a judgment, and that allows a defendant to bring suit locally to recover punitive damages paid in the United States.

(Multiple Choice)
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Under the FCPA's antibribery provisions, it is not a crime to pay an official to process a visa.

(True/False)
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Setting up a subsidiary can benefit a multinational firm because the subsidiary's company status insulates the parent from unlimited liability.

(True/False)
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________ is an expression indicating that the legal fiction that a company is a separate legal entity will be set aside and the shareholders of the company will be held liable for its conduct as if they were partners in a partnership.

(Multiple Choice)
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Describe a joint venture as a business model.

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Which of the following is true of corporations and companies being treated as separate legal entities?

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Article 82 of the European Community Treaty does not have an exception clause.

(True/False)
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With regards to trade prohibitions, Article 81 of the European Community Treaty is analogous to Section 2 of the Clayton Act.

(True/False)
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When a firm organized in one country contracts with an independent foreign firm to carry out sales or purchasing abroad, it is known as a multinational enterprise.

(True/False)
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The ________ was enacted in 1914 to expand the enforcement provisions of the Sherman Antitrust Act. It defines exclusive dealing and tying clauses, mergers that result in monopolies, and interlocking directorates as being unfair business practices.

(Multiple Choice)
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Which of the following describes the long arm statute?

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