Deck 50: The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities
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Deck 50: The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities
1
The Local Government Antitrust Act of 1984 eliminates damage actions against municipalities and their officers,agents,and employees for antitrust violations and makes injunctive relief the sole remedy in such cases.
True
Explanation: The Local Government Antitrust Act of 1984 eliminates damage actions against municipalities and their officers,agents,and employees for antitrust violations and makes injunctive relief the sole remedy in such cases.
Explanation: The Local Government Antitrust Act of 1984 eliminates damage actions against municipalities and their officers,agents,and employees for antitrust violations and makes injunctive relief the sole remedy in such cases.
2
There are no criminal penalties for violating the Clayton Act.
True
Explanation: Because the Clayton Act focuses on probable harms to competition,there are no criminal penalties for violating its provisions.
Explanation: Because the Clayton Act focuses on probable harms to competition,there are no criminal penalties for violating its provisions.
3
In a Clayton Act Section 7-based challenge to a merger,the court's adoption of a broad relevant market definition will usually enhance the government's or private plaintiff's difficulty in demonstrating the challenged merger's probable anticompetitive effect.
True
Explanation: In a Clayton Act Section 7-based challenge to a merger,the court's adoption of a broad relevant market definition will usually enhance the government's or private plaintiff's difficulty in demonstrating the challenged merger's probable anticompetitive effect.
Explanation: In a Clayton Act Section 7-based challenge to a merger,the court's adoption of a broad relevant market definition will usually enhance the government's or private plaintiff's difficulty in demonstrating the challenged merger's probable anticompetitive effect.
4
The Justice Department and the Federal Trade Commission (FTC)share responsibility for enforcing the Clayton Act.
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5
The Robinson-Patman Act applies if a Texas manufacturer discriminated as to the sales price to two Texas customers.
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6
The Robinson-Patman Act outlawed secondary and tertiary price discrimination.
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7
In the European Union (EU),the European Commission has considerable authority to quash a merger through its own action.
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8
The Robinson-Patman Act prohibits sellers from making discriminatory payments to competing customers for such customer-performed services as advertising and promotional activities.
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9
The McCarran-Ferguson Act does not exempt all actions by insurance companies from antitrust liability.
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10
The Robinson-Patman Act applies to discriminatory acts that occur in trade and commerce.
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11
Ordinarily,a higher degree of proof of likely competitive injury is required in cases involving secondary level price discrimination.
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12
Section 7 of the Clayton Act prohibits mergers of companies that would lessen competition in the market or create a monopoly.
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13
Vertical mergers directly result in an increase in concentration.
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14
If Acme Corp.and Bogus,Inc.both manufacture product X but no other products,the relevant product market for purposes of an antitrust challenge to a merger between Acme and Bogus will not be a crucial consideration.
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15
According to the Clayton Act,labor unions and their activities can be construed as illegal.
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16
There are three major defenses to price discrimination under the Robinson-Patman Act.
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17
The Noerr-Pennington doctrine provides an exception to the Clayton Act.
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18
The Foreign Sovereign Immunities Act (FSIA)provides that all commercial activities of foreign sovereigns and their agents are exempt from antitrust liability.
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19
The relevant geographic markets in the case of merger between competitors are the markets in which they actually compete.
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20
Bob and Evan both own tanning salons in Ridgemont,California.They form the "Slow Growth Society of Ridgemont" as a lobbying group to persuade Ridgemont City Council to pass a zoning ordinance that would effectively prohibit new personal services businesses such as tanning salons in Ridgemont.This is prohibited under the Sherman Act.
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21
There is/are no ________ for violating the provisions of the Clayton Act.
A)injunctive relief
B)treble damages
C)cease-and-desist orders
D)criminal penalties
A)injunctive relief
B)treble damages
C)cease-and-desist orders
D)criminal penalties
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22
Which of the following requires parties to a planned merger (that involves dollar values of stock or assets exceeding certain amounts)to provide advance notice to the FTC and the Justice Department?
A)Section 7 of the Clayton Act
B)The Robinson-Patman Act
C)Section 2 of the Sherman Act
D)The Hart-Scott-Rodino Antitrust Improvement Act
A)Section 7 of the Clayton Act
B)The Robinson-Patman Act
C)Section 2 of the Sherman Act
D)The Hart-Scott-Rodino Antitrust Improvement Act
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23
Mr.Blue and Mr.Yellow own all of the casinos in Delta City.Mr.Green wants to open a casino in Delta City but finds it too difficult to break into the market.Mr.Green sues Mr.Blue and Mr.Yellow for antitrust violation under the Clayton Act.What is the likely reason for the case being dismissed?
A)The Clayton Act does not deal with antitrust issues associated with real estate,services,or intangibles.
B)The Clayton Act does not permit a plaintiff to sue two defendants.
C)Gambling is a vice and as such cannot be litigated in the court system.
D)The common law dictates that businesses cannot sue after failing to establish themselves in the commercial market.
A)The Clayton Act does not deal with antitrust issues associated with real estate,services,or intangibles.
B)The Clayton Act does not permit a plaintiff to sue two defendants.
C)Gambling is a vice and as such cannot be litigated in the court system.
D)The common law dictates that businesses cannot sue after failing to establish themselves in the commercial market.
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24
Which of the following is a market share factor that federal regulators consider when determining the legality of horizontal mergers?
A)The probability of increasing concentration in the relevant market.
B)The prior conduct of both the acquiring firm and the acquired firm.
C)The existence of barriers to the entry of new competitors into the relevant market.
D)The probable future competitive strength of the acquired firm.
A)The probability of increasing concentration in the relevant market.
B)The prior conduct of both the acquiring firm and the acquired firm.
C)The existence of barriers to the entry of new competitors into the relevant market.
D)The probable future competitive strength of the acquired firm.
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25
Which of the following is an accurate statement about exclusive dealing agreements?
A)The qualitative substantiality test for gauging the legality of exclusive dealing agreements has prompted much criticism.
B)Exclusive dealing agreements are unlawful even when they have minimal effect on competition or monopolization.
C)The preventive nature of the Clayton Act does not allow it to cover exclusive dealing agreements.
D)Historically,exclusive dealing agreements involving a "not insubstantial" amount of commerce have been declared illegal.
A)The qualitative substantiality test for gauging the legality of exclusive dealing agreements has prompted much criticism.
B)Exclusive dealing agreements are unlawful even when they have minimal effect on competition or monopolization.
C)The preventive nature of the Clayton Act does not allow it to cover exclusive dealing agreements.
D)Historically,exclusive dealing agreements involving a "not insubstantial" amount of commerce have been declared illegal.
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26
The qualitative substantiality test was employed by the Supreme Court in the landmark case of:
A)Tampa Electric Co.v.Nashville Coal Co.
B)Standard Oil Co.v.United States
C)Olin Corporation v.Federal Trade Commission
D)Federal Trade Commission v.Staples,Inc.
A)Tampa Electric Co.v.Nashville Coal Co.
B)Standard Oil Co.v.United States
C)Olin Corporation v.Federal Trade Commission
D)Federal Trade Commission v.Staples,Inc.
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27
One of the elements that must be demonstrated before a challenged tying agreement will be held to violate Section 3 of the Clayton Act is that:
A)the tying product was available for purchase without the agreement.
B)the seller had substantial market power in the market for the tied product.
C)the seller's tying arrangements restrained a "not insubstantial" volume of commerce in the tied product.
D)the challenged agreement involved two integrated components of a larger product.
A)the tying product was available for purchase without the agreement.
B)the seller had substantial market power in the market for the tied product.
C)the seller's tying arrangements restrained a "not insubstantial" volume of commerce in the tied product.
D)the challenged agreement involved two integrated components of a larger product.
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28
In 1994,which Act did Congress envision as a vehicle for attacking practices that monopolists employed to acquire monopoly power?
A)Sherman Act
B)Clayton Act
C)Robinson-Patman Act
D)Smith-Lever Act
A)Sherman Act
B)Clayton Act
C)Robinson-Patman Act
D)Smith-Lever Act
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29
Section 7 of the Clayton Act prohibits mergers where evidence indicates that the merger:
A)is between companies who are solely engaged in intrastate commerce.
B)may have the effect of substantially lessening competition in any line of commerce.
C)involves companies that manufacture functionally uninterchangeable products.
D)involves companies that might fail if they were not allowed to merge.
A)is between companies who are solely engaged in intrastate commerce.
B)may have the effect of substantially lessening competition in any line of commerce.
C)involves companies that manufacture functionally uninterchangeable products.
D)involves companies that might fail if they were not allowed to merge.
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30
Which types of mergers have traditionally been subject to the greatest degree of scrutiny under the Clayton Act?
A)Horizontal mergers
B)Vertical mergers
C)Conglomerate mergers
D)Product-extension mergers
A)Horizontal mergers
B)Vertical mergers
C)Conglomerate mergers
D)Product-extension mergers
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31
Strong Corp.and Marginal,Inc.are competitors.Strong plans to acquire ownership of Marginal.Which of the following,if true,would help bolster a conclusion that the acquisition is lawful under Section 7 of the Clayton Act?
A)That the industry in which Strong and Marginal are competitors has become increasingly concentrated in recent years.
B)That Strong has a history of acquiring ownership over competitors to increase its market share.
C)That Strong has a 35 percent market share now and would only be increasing its market share by another 10 percent by acquiring Marginal.
D)That Marginal is teetering on the brink of bankruptcy and only Strong is interested in purchasing Marginal.
A)That the industry in which Strong and Marginal are competitors has become increasingly concentrated in recent years.
B)That Strong has a history of acquiring ownership over competitors to increase its market share.
C)That Strong has a 35 percent market share now and would only be increasing its market share by another 10 percent by acquiring Marginal.
D)That Marginal is teetering on the brink of bankruptcy and only Strong is interested in purchasing Marginal.
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32
Historically,courts seeking to determine the legality of vertical mergers have first tended to look at:
A)the increase in market entry barriers for new competitors.
B)the elimination of potential competition in the acquired firm's market.
C)the economic efficiency of such vertical integration.
D)the share of the relevant market foreclosed to competition.
A)the increase in market entry barriers for new competitors.
B)the elimination of potential competition in the acquired firm's market.
C)the economic efficiency of such vertical integration.
D)the share of the relevant market foreclosed to competition.
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33
Mini Corp.and Huge,Inc.are competitors.Mini holds the single largest market share in the markets they compete in.Huge is third in terms of market share.Mini plans to acquire Huge.Which of the following,if true,would help bolster a conclusion that the acquisition is lawful under Section 7 of the Clayton Act?
A)That Mini has a history of acquiring ownership over competitors to increase its market share.
B)That there are about 25 competitors other than Mini and Huge while there were only 10 competitors 10 years ago.
C)That Mini has a 25 percent market share now and would only be increasing its market share by another 10 percent by acquiring Huge.
D)That Huge is an aggressive firm and it has developed a plethora of patentable technologies in the last five years.
A)That Mini has a history of acquiring ownership over competitors to increase its market share.
B)That there are about 25 competitors other than Mini and Huge while there were only 10 competitors 10 years ago.
C)That Mini has a 25 percent market share now and would only be increasing its market share by another 10 percent by acquiring Huge.
D)That Huge is an aggressive firm and it has developed a plethora of patentable technologies in the last five years.
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34
Huge,Inc.owns an east coast grocery chain.It has recently acquired a west coast grocery chain.This is an example of a:
A)product extension merger.
B)horizontal merger.
C)market extension merger.
D)vertical merger.
A)product extension merger.
B)horizontal merger.
C)market extension merger.
D)vertical merger.
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35
Zenith Co.is a company that manufactures cloth.It purchases the cotton required as raw material from Yell Mart.Zenith Co.acquires Yell Mart.Identify the type of merger.
A)Vertical merger
B)Horizontal merger
C)Conglomerate merger
D)Symmetrical merger
A)Vertical merger
B)Horizontal merger
C)Conglomerate merger
D)Symmetrical merger
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36
In determining if a merger is anticompetitive,courts will look at the area that will have effects that are direct and immediate.What is the term for this analysis?
A)Relevant geographic market
B)International risks test
C)Irrelevant geographic means
D)Domestic risk analysis
A)Relevant geographic market
B)International risks test
C)Irrelevant geographic means
D)Domestic risk analysis
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37
________ attempts to bar mergers that may have an anticompetitive effect.
A)Section 7 of the Clayton Act
B)Section 2 of the Sherman Act
C)Section 3 of the Clayton Act
D)Section 1 of the Sherman Act
A)Section 7 of the Clayton Act
B)Section 2 of the Sherman Act
C)Section 3 of the Clayton Act
D)Section 1 of the Sherman Act
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38
Which of the following is an accurate statement about vertical mergers?
A)Vertical mergers take place between formerly competing firms.
B)Vertical mergers do not directly result in an increase in concentration.
C)Vertical mergers constitute a per se violation of Section 7 of the Clayton Act.
D)Vertical mergers have minimal effects on economic efficiencies.
A)Vertical mergers take place between formerly competing firms.
B)Vertical mergers do not directly result in an increase in concentration.
C)Vertical mergers constitute a per se violation of Section 7 of the Clayton Act.
D)Vertical mergers have minimal effects on economic efficiencies.
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39
Reliable Corp.owns the nationwide chain of Reliable Auto Repair shops.Although Reliable has the single largest share in the nationwide auto repair market,the intensely competitive nature of this market means that Reliable's share is only 8 percent.In a lawsuit filed against Reliable,the plaintiff alleges that Reliable regularly agrees to provide automobile repairs only if the customer whose car needs repairs also agrees to purchase a certain paste wax manufactured by Reliable.The plaintiff asserts that this practice violates Section 3 of the Clayton Act.Which of the following is the strongest argument for Reliable to avoid liability?
A)That Reliable does not possess sufficient auto repair market power to appreciably restrain competition in the paste wax market.
B)That most of its customers need to buy paste wax anyway.
C)That auto repairs are not a commodity.
D)That Reliable's competitors in the sale of paste wax are doing quite well,regardless of how much paste wax Reliable may sell in this manner.
A)That Reliable does not possess sufficient auto repair market power to appreciably restrain competition in the paste wax market.
B)That most of its customers need to buy paste wax anyway.
C)That auto repairs are not a commodity.
D)That Reliable's competitors in the sale of paste wax are doing quite well,regardless of how much paste wax Reliable may sell in this manner.
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40
Technoco,Inc. ,a manufacturer of computers and related equipment,has been requiring wholesalers and retailers who purchase computers from it to also purchase printers as a condition of buying computers.One of Technoco's customers has challenged the legality of this practice.Which of the following factors would weigh against the illegality of this practice?
A)Evidence that Technoco's computers are generally considered to be inferior to those of its competitors
B)Evidence that many other computer manufacturers will sell computers without requiring purchases of printers
C)Evidence that Technoco is a small company whose total printer sales in the period in question amounted to $19,000
D)Evidence that Technoco's computers are generally considered to be superior to those of its competitors
A)Evidence that Technoco's computers are generally considered to be inferior to those of its competitors
B)Evidence that many other computer manufacturers will sell computers without requiring purchases of printers
C)Evidence that Technoco is a small company whose total printer sales in the period in question amounted to $19,000
D)Evidence that Technoco's computers are generally considered to be superior to those of its competitors
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41
Section 8 of the Clayton Act,as modified by the Antitrust Amendments Act of 1990,prohibits the same individuals from controlling competing corporations when those individuals are:
A)shareholders.
B)directors or senior officers.
C)mid-level officers.
D)managerial employees.
A)shareholders.
B)directors or senior officers.
C)mid-level officers.
D)managerial employees.
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42
Filene's Basement filed for bankruptcy in May 2009.In November 2009,Filene's Basement started its "going-out-of-business" sale.Is this price discrimination legal?
A)No,such discounts are per se illegal under Section 7 of the Clayton Act.
B)Yes,such discounts are legal because Filene's Basement can legally set resale prices.
C)Yes,such discounts are legal under the statutory defense of changing conditions.
D)No,such discounts are illegal considering they are provided only for a limited time.
A)No,such discounts are per se illegal under Section 7 of the Clayton Act.
B)Yes,such discounts are legal because Filene's Basement can legally set resale prices.
C)Yes,such discounts are legal under the statutory defense of changing conditions.
D)No,such discounts are illegal considering they are provided only for a limited time.
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43
Section 8 of the Clayton Act requires a ________ standard of liability.
A)quick-look
B)per se
C)secondary
D)rule of reason
A)quick-look
B)per se
C)secondary
D)rule of reason
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44
Section 2(a)of the Robinson-Patman Act does not directly address the legality of:
A)functional discounts.
B)partial payment discounts.
C)quantity discounts.
D)accumulation discounts.
A)functional discounts.
B)partial payment discounts.
C)quantity discounts.
D)accumulation discounts.
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45
Big Corp.(BC)operated in all 50 states.In all of the states except Oregon,BC was the dominant firm in its industry.Small Corp.(SC)operated only in Oregon,but was the dominant firm in that state.BC decided it wanted to destroy SC so that it would become dominant in Oregon.BC cut its prices and sold below cost in Oregon,while maintaining regular prices everywhere else.This is an example of:
A)first-line price discrimination.
B)secondary level price discrimination.
C)tertiary level price discrimination.
D)super-tertiary level price discrimination.
A)first-line price discrimination.
B)secondary level price discrimination.
C)tertiary level price discrimination.
D)super-tertiary level price discrimination.
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46
Humongous Corp. ,a conglomerate with interests in various industries,recently acquired Perfect Petrochemicals Co. ,a prominent producer of petroleum products that are used in manufacturing plastic.This acquisition was a complete surprise to Perfect's competitors,who never thought that Humongous had any desire to become involved in the petrochemical production business.Companies A and B,owned by Humongous,used plastic as a raw material.None of the companies under the Humongous umbrella made plastic,therefore A and B bought plastic from outside suppliers who used petrochemical products as raw material to make plastic.Which of the following theories is the most appropriate one for challenging the acquisition of Perfect by Humongous under Section 7 of the Clayton Act?
A)Elimination of actual potential competition
B)Potential reciprocity
C)Unfair advantage
D)Elimination of perceived potential competition
A)Elimination of actual potential competition
B)Potential reciprocity
C)Unfair advantage
D)Elimination of perceived potential competition
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47
Which of the following is most likely to violate Section 2(a)of the Robinson-Patman Act?
A)Refusing to sell except at a discriminatory price
B)Price discrimination for sales to different purchasers made at the same time
C)Discriminating between customers when quoting prices
D)Price discrimination in consignment transactions
A)Refusing to sell except at a discriminatory price
B)Price discrimination for sales to different purchasers made at the same time
C)Discriminating between customers when quoting prices
D)Price discrimination in consignment transactions
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48
Gorgeous is a conglomerate and its major businesses include department store chains and grocery store chains.Gorgeous recently acquired Connect Corp. ,a mobile-network operator.Connect has the third-largest share of the mobile-network market.This is Gorgeous's first venture into the mobile-network business.Which of the following theories is the most appropriate one for challenging Gorgeous's acquisition of Connect under Section 7 of the Clayton Act?
A)Elimination of actual potential competition
B)Potential reciprocity
C)Unfair advantage
D)Elimination of perceived potential competition
A)Elimination of actual potential competition
B)Potential reciprocity
C)Unfair advantage
D)Elimination of perceived potential competition
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49
In reference to Section 8 of the Clayton Act,what does the term interlock mean?
A)When the same corporate officers serve in competing corporations
B)When the capital funding of a corporation is from a foreign country
C)When a corporation is incorporated by the federal government instead of the state
D)When competitors are using the same supplier in the same market
A)When the same corporate officers serve in competing corporations
B)When the capital funding of a corporation is from a foreign country
C)When a corporation is incorporated by the federal government instead of the state
D)When competitors are using the same supplier in the same market
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50
Big Corp.(BC)is in the business of making and selling plastic products.Dominant and Micro both buy plastic products of similar grade and quality regularly from BC.Dominant is the biggest customer of BC while Micro usually buys very small quantities.Due to an unexpected shortfall of raw materials,BC anticipates significant reduction in plastic production at its plants.To maintain supply of plastic products to Dominant,BC quotes a 40 percent higher price for its products to Micro.Will this amount to a violation of Section 2(a)of the Robinson-Patman Act?
A)Yes,because BC is committing primary level price discrimination.
B)No,because Dominant deserves the preferential treatment.
C)Yes,because BC is adversely affecting competition at its customer's level.
D)No,because BC has not made any sales at higher prices to Micro.
A)Yes,because BC is committing primary level price discrimination.
B)No,because Dominant deserves the preferential treatment.
C)Yes,because BC is adversely affecting competition at its customer's level.
D)No,because BC has not made any sales at higher prices to Micro.
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51
Predatory Co. ,a large company entering a new geographic market,decided to eliminate its smaller rivals in the new market by selling below cost in that market (but not elsewhere)until the rivals were forced out of business.This type of price discrimination is classified as:
A)super-tertiary level discrimination.
B)tertiary level discrimination.
C)primary level discrimination.
D)secondary level discrimination.
A)super-tertiary level discrimination.
B)tertiary level discrimination.
C)primary level discrimination.
D)secondary level discrimination.
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52
Proof of ________ is often offered as evidence of a seller's anticompetitive intent when proving a primary level violation of the Robinson-Patman Act.
A)functional discounts
B)predatory pricing
C)quantity discounts
D)accumulation pricing
A)functional discounts
B)predatory pricing
C)quantity discounts
D)accumulation pricing
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53
Bob is on the board of directors of both Acme Corporation and Beta Corporation.Acme recently acquired Teen Co. ,a retailer of teen girls' clothing.Beta Corporation previously acquired Limitless Co. ,another retailer of teen girls' clothing.Except the teen girls' clothing business,Acme and Beta do not have any other competing businesses.Under the Antitrust Amendments of 1990:
A)Bob must resign from the board of directors of both Acme and Beta.
B)Bob must resign from the board of directors of Acme.
C)Bob need not resign from either board of directors if the teen girls' clothing business contributes minimally to either organization's sales.
D)Bob need not resign until a competitor of Limitless and Teen Co.successfully challenges Acme's acquisition.
A)Bob must resign from the board of directors of both Acme and Beta.
B)Bob must resign from the board of directors of Acme.
C)Bob need not resign from either board of directors if the teen girls' clothing business contributes minimally to either organization's sales.
D)Bob need not resign until a competitor of Limitless and Teen Co.successfully challenges Acme's acquisition.
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54
Mel owns Melco,Inc. ,which manufactures toys.She provides a functional discount to Carol,a wholesaler of toys.Carol then passes on her discount to Nina,who owns Funland,a toy store.Nina is then able to offer lower prices to toy purchasers.Under the Robinson-Patman Act,this is:
A)tertiary level price discrimination.
B)secondary level price discrimination.
C)valid,if Nina is not in the same territory as Mel.
D)valid,as Nina and Carol are not competitors.
A)tertiary level price discrimination.
B)secondary level price discrimination.
C)valid,if Nina is not in the same territory as Mel.
D)valid,as Nina and Carol are not competitors.
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55
Initially,Section 8 of the Clayton Act prohibited any person from serving as a director of two or more competing corporations (other than banks or common carriers)if each corporation had capital,surplus,and undivided profits aggregating more than ________.
A)$1 million
B)$5 million
C)$10 million
D)$20 million
A)$1 million
B)$5 million
C)$10 million
D)$20 million
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56
For ________,cost justification is the primary statutory defense to liability under Section 2(a)of the Robinson-Patman Act.
A)functional discounts
B)accumulation pricing
C)quantity discounts
D)predatory pricing
A)functional discounts
B)accumulation pricing
C)quantity discounts
D)predatory pricing
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57
Stitchwell is an apparel manufacturer.Huge Mart,a wholesale dealer,is its largest customer.Huge Mart also owns Gorgeous,a department store chain that deals in apparels,shoes,and accessories.Stitchwell routinely offers "wholesaler special" discounts to Huge Mart and other wholesalers.Are these discounts illegal?
A)Yes,these discounts are per se illegal under Section 2(A)of the Robinson-Patman Act.
B)No,these discounts are not illegal because Stitchwell can legally set resale prices.
C)Yes,these discounts will be deemed illegal if Huge Mart passes them on to Gorgeous customers.
D)No,these discounts are not illegal considering they are provided only for wholesalers.
A)Yes,these discounts are per se illegal under Section 2(A)of the Robinson-Patman Act.
B)No,these discounts are not illegal because Stitchwell can legally set resale prices.
C)Yes,these discounts will be deemed illegal if Huge Mart passes them on to Gorgeous customers.
D)No,these discounts are not illegal considering they are provided only for wholesalers.
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58
Which Section of The Clayton Act originally prohibited local and territorial price discrimination by sellers?
A)Section 2
B)Section 3
C)Section 7
D)Section 8
A)Section 2
B)Section 3
C)Section 7
D)Section 8
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59
A large drug company has recently started a promotional deal.This deal involves discounts to pharmacies for buying its drugs.The discounts are linked to the total dollar amount purchased.This deal also provides for restaurant vouchers for representatives of the pharmacies who are among the top ten buyers of the company's drugs.Which of the following laws is this deal most likely to violate?
A)Section 7 of the Clayton Act
B)The Robinson-Patman Act
C)Section 2 of the Sherman Act
D)The Hart-Scott-Rodino Antitrust Improvement Act
A)Section 7 of the Clayton Act
B)The Robinson-Patman Act
C)Section 2 of the Sherman Act
D)The Hart-Scott-Rodino Antitrust Improvement Act
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60
Odyssey Corp. ,a wholesaler of children's toys,sells retailers across the country the exceedingly popular Trojan Horse toy at a price of $14 per item.Odyssey has learned that one of its competitors,Iliad Co. ,is selling the Trojan Horse toy at a price of $12 per item to all retailers in the State of Utah.Odyssey would like to respond appropriately to Iliad's actions.Which of the following statements accurately sets forth how Odyssey may respond without risking a violation of the Robinson-Patman Act?
A)Odyssey may begin selling the Trojan Horse toy at a price of $12 per item to Utah retailers,while keeping the price at $14 per item for retailers elsewhere in the country.
B)Odyssey may begin selling the Trojan Horse toy at a price of $11.75 per item to Utah retailers,while keeping the price at $14 per item for retailers elsewhere in the country.
C)Odyssey may begin selling the Trojan Horse toy at a price of $12 per item to Utah retailers,but only if it lowers the price to $12 per item for retailers elsewhere in the country.
D)Odyssey may begin selling the Trojan Horse at a price of $11.75 per item all over the country.
A)Odyssey may begin selling the Trojan Horse toy at a price of $12 per item to Utah retailers,while keeping the price at $14 per item for retailers elsewhere in the country.
B)Odyssey may begin selling the Trojan Horse toy at a price of $11.75 per item to Utah retailers,while keeping the price at $14 per item for retailers elsewhere in the country.
C)Odyssey may begin selling the Trojan Horse toy at a price of $12 per item to Utah retailers,but only if it lowers the price to $12 per item for retailers elsewhere in the country.
D)Odyssey may begin selling the Trojan Horse at a price of $11.75 per item all over the country.
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61
The Federal Trade Commission (FTC)has the power to enforce the Clayton Act through:
A)restraining orders.
B)cease and desist orders.
C)preliminary investigation orders.
D)suspension orders.
A)restraining orders.
B)cease and desist orders.
C)preliminary investigation orders.
D)suspension orders.
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62
In Federal Trade Commission v.Staples,Inc. ,the case in the text,the court found that:
A)the products between Staples and Office Depot were not interchangeable.
B)prices would not fall when another non-superstore competitor retainer entered the geographic market.
C)the evidence demonstrated that where Staples and Office Depot charged higher prices,certain customers go elsewhere for their supplies.
D)the sale of consumable office supplies through office supply superstores was the appropriate relevant product market in determining a possible anticompetitive effect.
A)the products between Staples and Office Depot were not interchangeable.
B)prices would not fall when another non-superstore competitor retainer entered the geographic market.
C)the evidence demonstrated that where Staples and Office Depot charged higher prices,certain customers go elsewhere for their supplies.
D)the sale of consumable office supplies through office supply superstores was the appropriate relevant product market in determining a possible anticompetitive effect.
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63
In the case in the text,ProMedica Health System,Inc.v.Federal Trade Commission,the court held that:
A)the Commission erred when it ordered divestiture as the remedy.
B)the merger would not be substantially anticompetitive.
C)the Commission could not put significant weight on the market-concentration data alone.
D)the merger would reduce competition in violation of the Clayton Act.
A)the Commission erred when it ordered divestiture as the remedy.
B)the merger would not be substantially anticompetitive.
C)the Commission could not put significant weight on the market-concentration data alone.
D)the merger would reduce competition in violation of the Clayton Act.
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64
When does a tying agreement violate Section 3 of the Clayton Act?
A)Only when it creates a monopoly
B)Only when it substantially lessens competition
C)When it substantially lessens competition or tends to create a monopoly
D)When it restrains a substantial volume of commerce in the tied product
A)Only when it creates a monopoly
B)Only when it substantially lessens competition
C)When it substantially lessens competition or tends to create a monopoly
D)When it restrains a substantial volume of commerce in the tied product
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65
________ of the Robinson-Patman Act makes it illegal for a buyer knowingly to induce or receive a discriminatory price in violation of Section 2(a)of the Robinson-Patman Act.
A)Section 2(f)
B)Section 2(c)
C)Section 2(d)
D)Section 2(e)
A)Section 2(f)
B)Section 2(c)
C)Section 2(d)
D)Section 2(e)
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66
Contracts where buyers agree to purchase all of their requirements for a commodity from one seller are examples of which type of agreement?
A)Price fixing agreement
B)Tying agreement
C)Exclusive dealing agreement
D)Market sharing agreement
A)Price fixing agreement
B)Tying agreement
C)Exclusive dealing agreement
D)Market sharing agreement
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67
What needs to be shown for most Clayton Act violations?
A)Only a probability of any anticompetitive effect
B)A strong probability of a significant anticompetitive effect
C)A strong probability of any anticompetitive effect
D)Only a probability of a significant anticompetitive effect
A)Only a probability of any anticompetitive effect
B)A strong probability of a significant anticompetitive effect
C)A strong probability of any anticompetitive effect
D)Only a probability of a significant anticompetitive effect
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68
Which of the following is used to describe the acquisition of one company by another?
A)Monopoly
B)Merger
C)Dissolution
D)Tying
A)Monopoly
B)Merger
C)Dissolution
D)Tying
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69
________ determinations under the Clayton Act have traditionally employed functional interchangeability tests similar to those employed in relevant product market determinations under the Sherman Act.
A)Line of commerce
B)International risk
C)Irrelevant geographic means
D)Domestic risk analysis
A)Line of commerce
B)International risk
C)Irrelevant geographic means
D)Domestic risk analysis
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70
In the case in the text,Brooke Group Ltd.V.Brown Williamson Tobacco Corp. ,the U.S.Supreme Court held that:
A)interdependent pricing of an oligopoly can form the basis of a primary-line injury claim.
B)Brown had a reasonable prospect of recovering its losses from below-cost pricing through slowing the growth of generics.
C)Brown had a reasonable prospect of recouping its predatory losses and could inflict the injury to competition the antitrust laws prohibit.
D)Brown's alleged scheme was not likely to result in oligopolistic price coordination and sustained supracompetitive pricing in the generic segment of the national cigarette market.
A)interdependent pricing of an oligopoly can form the basis of a primary-line injury claim.
B)Brown had a reasonable prospect of recovering its losses from below-cost pricing through slowing the growth of generics.
C)Brown had a reasonable prospect of recouping its predatory losses and could inflict the injury to competition the antitrust laws prohibit.
D)Brown's alleged scheme was not likely to result in oligopolistic price coordination and sustained supracompetitive pricing in the generic segment of the national cigarette market.
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71
Minisculea,a small nation that exists on a Pacific Ocean island,is a major producer and seller of a substance known as XYZ.Minisculea is also the leader of a cartel of other XYZ producers.The cartel has raised XYZ prices,a fact of significant concern to the United States,given the many strategic uses to which XYZ can be put.U.S.officials have engaged in ongoing discussions with Minisculea about this subject.If Minisculea and the other cartel members are sued in a U.S.court for allegedly violating the U.S.antitrust acts by fixing the price at which they sold XYZ to U.S.customers,their best defense would be:
A)the state action doctrine.
B)the sovereign compulsion doctrine.
C)the doctrine of sovereign immunity.
D)the act of state doctrine.
A)the state action doctrine.
B)the sovereign compulsion doctrine.
C)the doctrine of sovereign immunity.
D)the act of state doctrine.
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72
Which type of merger occurs between two firms that neither compete with each other nor have a supplier-consumer relationship with each other?
A)Conglomerate merger
B)Vertical merger
C)Horizontal merger
D)Product-extension merger
A)Conglomerate merger
B)Vertical merger
C)Horizontal merger
D)Product-extension merger
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73
________ of the Robinson-Patman Act prevents large buyers,either directly or through subsidiary brokerage agents,from receiving phony commissions or brokerage payments from their suppliers.
A)Section 2(f)
B)Section 2(c)
C)Section 2(a)
D)Section 2(e)
A)Section 2(f)
B)Section 2(c)
C)Section 2(a)
D)Section 2(e)
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74
Under the Clayton Act,private parties may sue for ________ if they are injured or threatened with injury by another party's violation of the statute.
A)negligence
B)criminal penalties
C)interference with a business relationship
D)treble damages
A)negligence
B)criminal penalties
C)interference with a business relationship
D)treble damages
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75
Which of the following is a discount sometimes granted to buyers at various levels in a product's chain of distribution because of differences in the operations those buyers perform in the distribution system?
A)Partial payment discount
B)Functional discount
C)Quantity discount
D)Accumulation discount
A)Partial payment discount
B)Functional discount
C)Quantity discount
D)Accumulation discount
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76
When large chain stores use their buying power to induce manufacturers to sell to them at prices lower than those offered to their smaller,independent competitors,this type of price discrimination is classified as:
A)super-tertiary level discrimination.
B)tertiary level discrimination.
C)secondary level discrimination.
D)primary level discrimination.
A)super-tertiary level discrimination.
B)tertiary level discrimination.
C)secondary level discrimination.
D)primary level discrimination.
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77
Which of the following requires a buyer to purchase one product from a seller as a condition of purchasing another product from the same seller,therefore preventing the buyer from purchasing the latter product from the seller's competitors?
A)Tying agreement
B)Price fixing agreement
C)Exclusive dealing agreements
D)Market sharing agreement
A)Tying agreement
B)Price fixing agreement
C)Exclusive dealing agreements
D)Market sharing agreement
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78
The Clayton Act exempts the formation and collective marketing activities of ________ from antitrust liability.
A)funeral homes and services
B)roofers and shingle manufactures
C)agricultural cooperatives
D)wireless phone services
A)funeral homes and services
B)roofers and shingle manufactures
C)agricultural cooperatives
D)wireless phone services
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79
The quantitative substantiality test was employed by the Supreme Court in the landmark case of:
A)Standard Oil Co.v.United States
B)Tampa Electric Co.v.Nashville Coal Co.
C)Olin Corporation v.Federal Trade Commission
D)Federal Trade Commission v.Staples,Inc.
A)Standard Oil Co.v.United States
B)Tampa Electric Co.v.Nashville Coal Co.
C)Olin Corporation v.Federal Trade Commission
D)Federal Trade Commission v.Staples,Inc.
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80
Section 2(b)of the Robinson-Patman Act allows a seller to price discriminate in certain geographic areas if the competition has a lower price.According to Section 2(b),what can the seller lower the price to?
A)To the same price as the competitor
B)To any price that beats the competitor
C)10% discount off the list price of the seller
D)50% discount off the list price of the seller
A)To the same price as the competitor
B)To any price that beats the competitor
C)10% discount off the list price of the seller
D)50% discount off the list price of the seller
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