Exam 46: Antitrust Law

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Studious Computers, Inc., has the power to control the market for its prod?uct. Antitrust law regulates

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A

Java Bean Company imports coffee beans and sells them under two-year contracts to Mellow Roast, Inc., and other coffeemakers. The contracts require that during the two-year term a coffeemaker not buy beans from Java Bean's competitors. The contracts do not limit the coffeemakers' purchase of tea or other beverage ingredients from other suppliers, how?ever. In the second year of the contract, Mellow Roast protests that this arrangement violates antitrust law. Is Mellow Roast correct? If not, why not? If so, under which antitrust statute, or statutes, could these con?tracts be held illegal?

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Java Bean's contracts are exclusive-dealing contracts. These contracts may be held illegal under the Sherman Act, the Clayton Act, or the Federal Trade Commission (FTC) Act. Section 1 of the Sherman Act prohibits any agreement that is an unreasonable restraint of trade. Under this prohibition, a contract is subject to the rule of rea?son. A court would consider the purpose of the arrangement, the powers of the parties, and the effect of their actions in restraining trade. If the anticompetitive effects outweigh the competitive benefits, the contracts would be held un?lawful. Section 3 of the Clayton Act specifically prohib?its exclusive-deal?ing contracts when their effect is to substantially lessen competition or tend to create a monopoly. Section 5 of the FTC Act prohibits unfair meth?ods of competition in or affecting commerce. If these contracts are held to be otherwise illegal under one of these stat?utes, that the contracts are lim?ited to two-year terms and do not pro?scribe the coffeemakers' purchase of tea and other beverage ingredients from other suppliers are not factors that would make them legal.

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

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D

Congress enacts a statute to outlaw a specific type of anticompetitive business agreement. Like other laws that regulate economic competition, this law is referred to as

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A firm can have monopoly power without violat?ing antitrust law.

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Global Services Corporation engages in trade practices that may violate antitrust law. The Federal Trade Commission has the power to act against unfair trade practices under

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Health Resources Corporation makes and sells Intake, the most prescribed name-brand cholesterol-lowering medication. Jerichol Company has the potential to make a generic version of the same drug. Health Resources pays Jerichol not to sell its product. This is

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A joint refusal to deal with a particular person or firm is always a vio?lation of antitrust law.

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Fresh Vegetables, Inc., a wholesaler, refuses to sell its produce to Good Mart Stores, Inc., a re?tailer. Under the Sherman Act, this is

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Engine Components, Inc., a manufacturer of vehicle parts, refuses to sell to Fix-It, Inc., a national vehicle service firm. Engine Components convinces Greasy Motor Parts Company, a competitor, to do the same. This is

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Finely Engineered Parts Corporation (FEPC) and Great Gears & Gauges, Inc. (3G), are competitors selling certain machine parts that are otherwise generally unattainable in their geographic market. This market includes the states of California, Oregon, Washington, and Idaho. FEPC and 3G agree that FEPC will no longer sell in California and that 3G will no longer sell in Oregon, Washington, and Idaho. Have FEPC and 3G violated any antitrust law? If so, which one? Explain. If they had divided their market by type of customer rather than geographic are, would the result be the same? Why or why not?

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Minimum resale price maintenance agreements are subject to analysis under the rule of reason.

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The acquisition of monopoly power through anticompetitive means constitutes a violation of antitrust law.

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Exclusive-dealing contracts are per se violations of antitrust law.

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Under the rule of reason, a court will consider the purpose of an agree?ment between competitors.

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Delta Services, Inc., is the major wholesale distributor of software in the state of Florida. Its closest competitor is Efficient Systems Company, an?other Florida firm. The two firms agree that Delta will operate in south Florida and Efficient will operate in north Florida. This is

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Cooperative research by small-business firms is exempt from antitrust law.

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By contract, Quality Metals Corporation forbids Resource Refining, Inc., a wholesale buyer of Quality's products, from purchasing the products of Quality's competitors. This exclusive-dealing contract is allowed

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Monopoly power is an extreme amount of market power.

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North Mining Company and South Excavation Company agree to abide by the decisions of East Coast Financial Corporation as to their respective levels of production, markets, and prices, effectively reducing competition and increasing profits. This is most likely

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