Exam 21: Regulating the Competitive Environment

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Despite the differences in antitrust laws among nations the substances of competition law is similar.

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Antitrust law in _________ poses the possibility of criminal liability, but this is not possible in ______.

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Compare and contrast the EU implementation within the community test with the U.S. effects test.

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The analytical framework established by American antitrust law distinguishes between actions that are wrong per se and actions to which the rule of reason applies.

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The European Parliament has criticized the European Commission for its flexible approach in the granting of block exemptions from normal competition rules for vertical agreements.

(True/False)
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Compare and contrast the approaches of the EU and the U.S. with regard to IPR issues (patents, know-how transfer agreements).

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"Blocking Legislation" in international antitrust action refers to:

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The Europeans view the monopoly in a patent as a danger to competition that should be minimized as much as possible.

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During the 1980s, the U.S. Justice Department took the offensive and aggressively enforced American antitrust laws in order to signal to the business community that any transactions that in violation of antitrust laws would be prosecuted.

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A clawback provision allows a foreign company to sue in their own country to recover against local American assets all or part of an antitrust judgment rendered in the U.S.

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When evaluating the effect of a merger, the European Union seeks to determine:

(Multiple Choice)
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The European Union regulation that deals with "A concentration which creates or strengthens a dominant position...(impeding) competition...in the common market..." is:

(Multiple Choice)
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The antitrust laws of the European countries developed much earlier and were the model for the antitrust legislation in the United States.

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The European Court of Justice has issued a decision giving franchisor-franchisees great flexibility in structuring.

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Because The Sherman Act is a U.S. statutory law, it cannot be used to regulate or bring an action against a foreign company.

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The European Union and foreign nations have begun a spirited effort to beef up their competition laws.

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Under the EU merger regulations, preapproval is not needed under which of the following conditions?

(Multiple Choice)
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The U.S. takes the position that a patent monopoly is essential to protect the patent holder and encourage innovation.

(True/False)
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Under U.S. antitrust law: I. Most actions are brought by private individuals. II. Successful litigants can collect treble damages.

(Multiple Choice)
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The substance of many countries' antitrust law is very similar in focusing on two types of activity. The two types of activities are:

(Multiple Choice)
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