Fact Pattern 39-1

Multiple Choice

Fact Pattern 39-1
Cardio, Inc., makes and sells Drawdown, the most prescribed name-brand heart medication. Emitate Corporation has the potential to make a generic version of the same drug.
-Refer to Fact Pattern 39-1. A court would most likely rule that the agree?ment between Cardio and Emitate is

A) a deal that neither restrains trade or harms competition.
B) a legal restraint of trade.
C) a per se violation of the Sherman Act.
D) subject to analysis under the rule of reason.