Question 1

The European Union's competition law exemption system functions very much like the American antitrust law rule of reason.

Accepted Answer

A) True 
 B)False  True

Question 2

Prohibitions against agreements that restrict competition are the least relevant to international transactions.

Accepted Answer

A) True 
 B)False  False

Question 3

Antitrust law in the European Union is known as competition law.

Accepted Answer

A) True 
 B)False  True

Question 4

In the Hartford Fire Insurance Co.case,the U.S.Supreme Court determined that it could not assert jurisdiction over European companies in competition matters unless the companies had a direct physical presence in a U.S.state.

Accepted Answer

A) True 
 B)False

Question 5

Under the European Commission's block exemption,the parties whose agreements fall under certain exempted categories only have to seek de minimis approval for their transactions to be considered exempt under competition law.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

The European Commission has given exemptions in all of the following areas except:

Accepted Answer

A)   Exclusive purchasing agreements.
B)   Patent license agreements.
C)   Motor vehicle distribution agreements.
D)   Merger agreements.

Question 8

The European Union uses an exemption system in its competition law.This means that:

Accepted Answer

A)   Certain industries are exempted from antitrust law because of their technology.
B)   An agreement can be entered into if the prospective parties can obtain a "negative clearance" from the European Commission.
C)   Certain countries are exempt from the competition law until they reach further economic development.
D)   None of the above.

Question 9

The U.S.antitrust laws apply to the conduct of U.S.firms outside the territorial boundaries of the United States.

Accepted Answer

A) True 
 B)False

Question 10

Consider in what ways the histories of the U.S.,Japan,and Europe may explain their respective laws regarding market competition and competition.

Accepted Answer

The answer of Consider in what ways the histories of...

Question 11

Article 86 of the Treaty of Rome is the counterpart of Article 2 of the U.S.Sherman Act with both addressing the problem of monopolies and monopoly power.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A)   I only.
B)   II only.
C)   Both I and II.
D)   Neither I nor II.

Question 13

Weigh the relative benefits and short-comings of the EU preapproval model and the U.S.litigation model as exemplified by the Hart-Scott-Rodino Antitrust Improvements Act.

Accepted Answer

The answer of Weigh the relative benefits and short-comings of...

Question 14

Knowledgeable that Canada,Germany,and the UK have enacted blocking legislation,craft a treaty on this issue.How might the different interests of these countries and partnerships (or lack thereof)with them affect any treaty? Students may also wish to read Laker Airways v.Sabena,Belgian World Airlines,731 F.2d 909 (D.C.Cir.1984)for further background).

Accepted Answer

The answer of Knowledgeable that Canada,Germany,and the UK have enacted...

Question 15

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

Accepted Answer

A)   EU Antitrust Act.
B)   EU Workers Regulation.
C)   EU Unfair Trade Regulation.
D)   EU Merger Regulation.

Question 16

European courts addressing a patent issue are generally more favorable to patent holders than U.S.courts.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

The answer of Compare and contrast the EU implementation within...

Question 18

Under the single economic unit concept,the European Court of Justice imputes the behavior of a 51 percent-owned subsidiary to the parent.

Accepted Answer

A) True 
 B)False

Question 19

EU competition law applies only to agreements and transactions that:

Accepted Answer

A)   Involve an EU-based company.
B)   Have an effect on intra-EUC trade.
C)   The EU wishes to have its approval and involvement.
D)   Have a direct impact on foreign commerce.

Question 20

The European Commission is even less flexible with respect to know-how transfer agreements than it is to patent licenses.

Accepted Answer

A) True 
 B)False

Exam 21: Regulating the Competitive Environment

The European Union's competition law exemption system functions very much like the American antitrust law rule of reason.

Prohibitions against agreements that restrict competition are the least relevant to international transactions.

Antitrust law in the European Union is known as competition law.

In the Hartford Fire Insurance Co.case,the U.S.Supreme Court determined that it could not assert jurisdiction over European companies in competition matters unless the companies had a direct physical presence in a U.S.state.

Under the European Commission's block exemption,the parties whose agreements fall under certain exempted categories only have to seek de minimis approval for their transactions to be considered exempt under competition law.

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

The European Commission has given exemptions in all of the following areas except:

The European Union uses an exemption system in its competition law.This means that:

The U.S.antitrust laws apply to the conduct of U.S.firms outside the territorial boundaries of the United States.

Consider in what ways the histories of the U.S.,Japan,and Europe may explain their respective laws regarding market competition and competition.

Article 86 of the Treaty of Rome is the counterpart of Article 2 of the U.S.Sherman Act with both addressing the problem of monopolies and monopoly power.

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

Weigh the relative benefits and short-comings of the EU preapproval model and the U.S.litigation model as exemplified by the Hart-Scott-Rodino Antitrust Improvements Act.

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

European courts addressing a patent issue are generally more favorable to patent holders than U.S.courts.

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

Under the single economic unit concept,the European Court of Justice imputes the behavior of a 51 percent-owned subsidiary to the parent.

EU competition law applies only to agreements and transactions that:

The European Commission is even less flexible with respect to know-how transfer agreements than it is to patent licenses.