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Questions

Question 1

What is the primary function of Section 1 of the Sherman Antitrust Act?

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Question 2

What key difference distinguishes a violation of Section 1 from a violation of Section 2 of the Sherman Act?

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Question 3

Under Section 1 of the Sherman Act, what is the defining characteristic of a per se violation?

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Question 4

When courts apply the 'rule of reason' to an alleged violation of Section 1 of the Sherman Act, what is a key factor they consider?

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Question 5

What is defined as a horizontal restraint of trade?

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Question 6

What is the legal status of an agreement among competitors to fix prices under Section 1 of the Sherman Act?

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Question 7

In the landmark case United States v. Socony-Vacuum Oil Co., what action by major refining companies was found to be a per se violation of the Sherman Act?

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Question 8

What must a plaintiff demonstrate to prove that a group boycott is a violation of Section 1 of the Sherman Act?

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Question 9

What is the legal status of an agreement between competing manufacturers to divide up territories or customers?

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Question 10

Under what standard are the joint activities of a trade association, such as setting regulatory standards or exchanging information, generally judged?

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Question 11

Which of the following best defines a vertical restraint of trade?

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Question 12

In the case of Continental T.V., Inc. v. GTE Sylvania, Inc., how did the Supreme Court rule on Sylvania's vertically restrictive franchise system that limited the locations from which retailers could sell its products?

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Question 13

According to the Supreme Court's decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., what legal standard is applied to minimum resale price maintenance agreements?

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Question 14

What are the two essential elements required to establish monopolization under Section 2 of the Sherman Act?

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Question 15

What is predatory pricing?

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Question 16

How can a plaintiff indirectly prove that a firm has monopoly power?

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Question 17

What does a 'relevant product market' include for the purposes of a monopolization case?

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Question 18

In the case involving Clear Channel Communications, why did the court rule that the relevant geographic market for live rock concert tickets was local rather than national?

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Question 19

What is required to satisfy the 'intent requirement' for a monopolization offense under Section 2 of the Sherman Act?

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Question 20

Under what circumstances may a single firm's unilateral refusal to deal with another firm violate Section 2 of the Sherman Act?

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Question 21

What must be demonstrated for a court to find a firm guilty of 'attempted monopolization' under Section 2 of the Sherman Act?

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Question 22

Section 2 of the Clayton Act, which prohibits price discrimination, was strengthened by which subsequent piece of legislation?

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Question 23

To establish a violation of Section 2 of the Clayton Act (price discrimination), which of the following elements must be present?

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Question 24

Which of the following is a valid statutory defense for a seller accused of price discrimination under the Clayton Act?

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Question 25

Under Section 3 of the Clayton Act, what is an exclusive-dealing contract?

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Question 26

What is a tying arrangement under antitrust law?

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Question 27

In the case Illinois Tool Works, Inc. v. Independent Ink, Inc., what did the Supreme Court rule regarding tying arrangements that involve patented products?

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Question 28

What is the primary purpose of Section 7 of the Clayton Act?

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Question 29

Which of the following describes a horizontal merger?

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Question 30

When does a vertical merger occur?

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Question 31

Section 8 of the Clayton Act prohibits interlocking directorates under what condition?

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Question 32

In 2007, what was the minimum threshold of capital, surplus, or undivided profits for a corporation to be subject to the Clayton Act's prohibition on interlocking directorates?

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Question 33

What was the competitive sales threshold in 2007 for the prohibition of interlocking directorates under Section 8 of the Clayton Act?

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Question 34

Which federal agency or agencies have the authority to enforce the Clayton Act through civil proceedings?

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Question 35

If a private plaintiff successfully sues for an antitrust violation under the Sherman Act or the Clayton Act, what amount of damages can they typically recover?

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Question 36

Which of the following activities is generally exempt from antitrust laws?

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Question 37

What is the Noerr-Pennington doctrine?

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Question 38

For U.S. courts to exercise jurisdiction and apply U.S. antitrust laws to actions occurring outside the United States, what must be shown?

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Question 39

What is 'dumping' in the context of international trade?

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Question 40

Which two U.S. government agencies are involved in the procedure for imposing antidumping duties?

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Question 41

What does Section 1 of the Sherman Act declare to be illegal?

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Question 42

What specific conduct is prohibited by Section 2 of the Sherman Act?

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Question 43

In the 1918 case Chicago Board of Trade v. United States, how did Justice Louis Brandeis define the 'true test of legality' for a trade restraint?

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Question 44

In the case In re Cardizem CD Antitrust Litigation, why was an agreement where one pharmaceutical company paid another company not to market a generic drug held to be a per se violation of the Sherman Act?

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Question 45

In a monopolization case, what are the two components that make up the 'relevant market'?

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Question 46

According to a 2007 Supreme Court ruling, what must a plaintiff prove to succeed in a predatory pricing or predatory bidding claim?

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Question 47

What is the status of a violation of either Section 1 or Section 2 of the Sherman Act?

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Question 48

The Export Trading Company Act of 1982 broadened which earlier act by permitting the Department of Justice to certify qualified export trading companies?

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Question 49

The Curt Flood Act of 1998 modified the antitrust exemption for professional baseball, allowing players to sue team owners for which of the following practices?

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Question 50

If a domestic firm joins a foreign cartel that has a substantial effect on U.S. commerce, what is the likely legal outcome?

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Other chapters

Introduction to Law and Legal ReasoningCourts and Alternative Dispute ResolutionCourt ProceduresConstitutional Authority to Regulate BusinessNegligence and Strict LiabilityIntellectual Property and Internet LawCriminal Law and Cyber CrimeNature and TerminologyAgreementConsiderationCapacity and LegalityMistakes, Fraud, and Voluntary ConsentThe Statute of Frauds—Writing RequirementThird Party RightsPerformance and DischargeBreach of Contract and RemediesE-Contracts and E-SignaturesThe Formation of Sales and Lease ContractsTitle, Risk, and Insurable InterestPerformance and Breach of Sales and Lease ContractsWarranties and Product LiabilityThe Function and Creation of Negotiable InstrumentsTransferability and Holder in Due CourseLiability, Defenses, and DischargeChecks and Banking in the Digital AgeCreditors' Rights and RemediesSecured TransactionsBankruptcy LawAgency Formation and DutiesLiability to Third Parties and TerminationEmployment and Labor LawEmployment DiscriminationSole Proprietorships and FranchisesPartnerships and Limited Liability PartnershipsLimited Liability Companies and Special Business FormsCORPORATIONS—Formation and FinancingCORPORATIONS—Directors, Officers, and ShareholdersCORPORATIONS—Merger, Consolidation, and TerminationCORPORATIONS—Securities Law and Corporate GovernanceLaw for Small BusinessesAdministrative LawConsumer LawEnvironmental LawPersonal Property and BailmentsReal Property and Landlord-Tenant RelationshipsInsuranceWills and TrustsProfessional Liability and AccountabilityInternational Law in a Global Economy