Exam 46: Antitrust Law

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U.S. antitrust laws may be applied to protect foreign consumers and competitors from violations committed by U.S. business firms.

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Fruit-of-the-Plant Seed Company is engaged in the agricultural seed industry in the Midwest. The firm currently has about 40 percent of the market for these products. GreatGro Seed Corporation competes with Fruit-of-the-Plant in the same states. Carbonate has about 35 percent of the market. If Fruit-of-the-Plant were to acquire the stock and assets of GreatGro, would Fruit-of-the-Plant be in violation of any of the antitrust laws? If so, which one? Discuss fully.

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Section 7 of the Clayton Act prohibits the type of action by Bubbly suggested in this question-a horizontal merger that would increase market concentration. Other factors include the overall concentration of the relevant market, that market's history of tending toward concentration, and whether the merger is apparently designed to establish market power or restrict competition. Based on the facts stated in the question, most of these factors are present.
Thus, the major antitrust law being violated is Section 7 of the Clayton Act. Section 7 pro?hibits any person or business organization from acquiring the stock or assets in an?other business where the result would be a significantly increased market share and the effect would most likely be to substan?tially lessen competition. The removal of a competitor who controls 35 per?cent of the market (GreatGro) combined with the 40 percent held by the acquiring company (Fruit-of-the-Plant) definitely could drive out the remaining small competitors and be a barrier to future entrants into this market. Either the U.S. Department of Justice or the Federal Trade Commission could file for di?vestiture of the resulting firm if these parties were to merge.

Soft Drink Corporation is charged with violating the Sherman Act through conduct subject to the rule of reason. When applying the rule of reason in this situation, a court will not consider

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Big American Oil Company joins with a foreign cartel to control the price of oil. If the cartel has a substantial effect on U.S. commerce, a suit for violation of U.S. antitrust laws can be brought against

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Golf & Tennis LLC makes and sells golf clubs, tennis racquets, and related sporting goods. By selling its products at prices substantially below the normal cost of production, Golf & Tennis hopes to drive its competitors from the market. This is

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Predatory pricing is a legitimate marketing practice, not a form of anticompetitive conduct.

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A joint effort by businesspersons to obtain legislative action can be exempt from the antitrust laws.

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Smart Tablets, Inc., requires all distribu?tors of its products to sell them at a specified minimum price. This is a violation of antitrust law

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A suit is filed against DrillBits Corporation, alleging that the firm commit?ted the offense of monopolization. To determine whether DrillBits has monopoly power requires looking at

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Under what circumstances would Quality Market, a small store in Rustic, an isolated town, be considered a mo?nopoly? If Quality Market is a monopoly, is it in violation of antitrust law?

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An exclusive-dealing contract is an agreement in which a seller agrees not to sell to a buyer's competitors.

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City Manufacturing Corporation conditions shipments of its products to Exurb Stores, Inc., on Exurb's agreement not to buy products from Regional Works Company, City's competitor. This is

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A seller is prohibited from charging different prices to competing buyers for identical goods or services.

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Bill's Barber Supplies, Inc., is the major distributor of barber supplies in the state of Colorado. Bill's closest competitor is Dona's Beauty Products Company, another Colorado firm. They agree that Bill's will distribute its products in western Colorado and Dona's will distribute its products in the eastern part of the state. This is

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Fine Food Company, Gourmet Cheeses, Inc., and Healthy Eats, Inc. agree to exchange information and share advertising. This trade association is

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The possession of monopoly power is the only element needed to establish the offense of monopolization.

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To drive its competitors out of a certain geographic segment of its market, Fryin' Potatoes, Inc., sets the prices of its products below cost for the buyers in that area. This is

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A concentrated industry is one in which either a single firm or a small number of firms carry out the separate functions of the chain of production.

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Discount Retail Corporation may be engaging in conduct that vio?lates the Sherman Act. To bring an action against the firm requires that its conduct have a sig?nificant impact on

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Frictionless Lubricant Corporation and Grease, Inc., are the principal sup?pliers of their product in their market. They agree that Frictionless will sell exclusively to retailers and Grease will sell exclusively to wholesalers. Under antitrust law, this is most likely

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