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The Sherman Act attempts to stop trusts from unfairly restricting market competition.

A) True
B) False

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"On the Town." Benny began taking people on tours of historic sites in his town. That had not been done before because no one thought there was very much in the way of historical significance there. Benny, however, did some research; and, with a very active imagination on his part, came up with some good stories. He started to make a nice profit with the tours, particularly with tourists passing through the town on the way to the mountains. Benny began to hear of some rival tour groups that were planning to start giving tours in the area. Benny sent a memo to his secretary asking, "How can we shut down other potential tour groups because we want all the business?" One rival company had started operations, but Benny still had 85 percent of the business. His plan was to run the rival out of business and prevent the start-up of any other tour operations in his town. Benny decided that he would offer to do a free advertising brochure to any business that would put up a poster advertising his tour group and agree not to advertise or mention in any way any other tour group. Benny was particularly successful in reaching that agreement with hotels and restaurants in his town because of his likeable personality. When Prudence, who ran a rival tour group heard about Benny's actions, she was furious and accused him of an antitrust violation because he was trying to keep all the tour action for himself. Benny told Prudence she was nuts and that the only reason she had no business was that she stuck to dry historical fact on her tours and did not do research on romantic relationships between individuals in the area in order to "spice-up" her tours. He also told her that he was not a monopolist because he did not have all the business as evidenced by Prudence's own tour service. -The type of service Benny provides, tours, would be referred to as which of the following markets for purposes of determining the relevant market?


A) Product
B) Consumer
C) Offered
D) Utilized
E) Disputed

F) D) and E)
G) B) and C)

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Which of the following is false regarding enforcement of the Sherman Act?


A) The Antitrust Division of the Department of Justice can bring criminal or civil actions against violators.
B) If a corporation commits a crime under the Sherman Act, the corporation could face a $10 million fine for each offense.
C) Officers and employees who are convicted under the Sherman Act face a maximum fine of $350,000 and/or jail time of up to three years.
D) If a party is harmed by a company's anticompetitive behavior, the party can bring a private suit under the Sherman Act.
E) Treble damages are not available under the Sherman Act.

F) B) and D)
G) A) and E)

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"Adult Floaters." Bruce and Jimmy are both involved in businesses that manufacture bathing suits for ladies with small personal flotation devices implanted to assist with swimming. They both ship the suits to different states around the country. Bruce and Jimmy get together and decide to raise their prices. They decide that since they are the only two manufacturers of this type of suit, if they both stick together and raise prices to an agreed upon amount, then consumers will be forced to pay that amount. They want to make a lot of money before anyone else jumps into the market. A disgruntled secretary of Bruce finds out about the agreement and sends out letters to consumers revealing it. -Have Bruce and Jimmy violated the Sherman Act?


A) Yes, they violated Section 1.
B) Yes, they violated Section 2.
C) No, there is no violation because they are not engaged in intrastate commerce.
D) No, there is no violation because they have not established a monopoly.
E) No, there is no violation because at least three businesses must be involved in order to establish a violation of the Sherman Act.

F) B) and C)
G) A) and E)

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Which of the following is false regarding the Federal Trade Commission Act?


A) It was passed when Congress passed the Clayton Act.
B) It prohibits unfair and deceptive methods of competition.
C) Any anticompetitive behavior not prohibited by the Sherman Act or the Clayton Act is illegal under the act.
D) The language of the act permits the Federal Trade Commission to investigate antitrust claims.
E) While the language of the act permits the Federal Trade Commission to investigate antitrust claims, it may not bring antitrust claims against violators.

F) A) and D)
G) A) and B)

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In enacting the Sherman Act, Congress did not specify which specific behaviors were prohibited.

A) True
B) False

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The Federal Trade Commission has been eliminated.

A) True
B) False

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"On the Town." Benny began taking people on tours of historic sites in his town. That had not been done before because no one thought there was very much in the way of historical significance there. Benny, however, did some research; and, with a very active imagination on his part, came up with some good stories. He started to make a nice profit with the tours, particularly with tourists passing through the town on the way to the mountains. Benny began to hear of some rival tour groups that were planning to start giving tours in the area. Benny sent a memo to his secretary asking, "How can we shut down other potential tour groups because we want all the business?" One rival company had started operations, but Benny still had 85 percent of the business. His plan was to run the rival out of business and prevent the start-up of any other tour operations in his town. Benny decided that he would offer to do a free advertising brochure to any business that would put up a poster advertising his tour group and agree not to advertise or mention in any way any other tour group. Benny was particularly successful in reaching that agreement with hotels and restaurants in his town because of his likeable personality. When Prudence, who ran a rival tour group heard about Benny's actions, she was furious and accused him of an antitrust violation because he was trying to keep all the tour action for himself. Benny told Prudence she was nuts and that the only reason she had no business was that she stuck to dry historical fact on her tours and did not do research on romantic relationships between individuals in the area in order to "spice-up" her tours. He also told her that he was not a monopolist because he did not have all the business as evidenced by Prudence's own tour service. -Which of the following violations would Prudence most likely be alleging with her claim that Benny was attempting to keep all the tour business for himself?


A) A violation of Section 1 of the Sherman Act
B) A violation of Section 2 of the Sherman Act
C) A violation of the Business Regulation Act
D) A violation of the Robinson-Patman Act
E) A violation of Sections 1 and 2 of the Sherman Act, but not a violation of the Business Regulation.

F) A) and B)
G) A) and E)

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Which of the following is an inquiry into the competitive effects of a company's behavior to determine whether the benefits of the behavior outweigh the harm of the anticompetitive behavior?


A) The rule-of-reason analysis
B) The per se test
C) The quick-look standard
D) The consumer standard
E) The three-prong analysis

F) D) and E)
G) C) and D)

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Which of the following was the result on appeal in California v. Safeway, the case in the text involving whether an agreement between grocers to share revenues during the term of a labor dispute violated antitrust laws?


A) The court ruled that the agreement was legal because it came within the non-statutory labor exemption to antitrust laws.
B) The court ruled that the agreement was legal because it came within the statutory labor exemption to antitrust laws.
C) The court ruled that the revenue-sharing agreement was not immune from antitrust scrutiny.
D) The court ruled that because the revenue-sharing agreement was not within the non-statutory exemption to antitrust laws, it was illegal as a matter of law with no further inquiry necessary.
E) The court ruled that although the agreement came within the statutory exemption to antitrust laws, additional inquiry was needed in order to determine whether the agreement constituted a per se violation which is illegal even in the face of an exemption.

F) C) and D)
G) C) and E)

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What must be shown in order to establish a violation of Section 1 of the Sherman Act?

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In order to constitute a violation of Se...

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Under the Clayton Act, the Department of Justice is most likely to challenge which of the following types of mergers?


A) Horizontal
B) Vertical
C) Conglomerate
D) Joining
E) Predatory

F) D) and E)
G) C) and D)

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Section 2 of the Sherman Act prohibits all monopolies.

A) True
B) False

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When was the Interstate Commerce Act passed?


A) 1887
B) 1920
C) 1934
D) 1945
E) 1964

F) A) and B)
G) None of the above

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Which of the following was the result of the claim of the U.S. Department of Justice that Microsoft Corporation violated Sections 1 and 2 of the Sherman Act?


A) The court ruled that Microsoft violated both Sections 1 and 2 of the Sherman Act.
B) The court ruled that Microsoft violated neither Section 1 nor Section 2 of the Sherman Act.
C) The court ruled that Microsoft violated Section 1 but not Section 2 of the Sherman Act.
D) The court ruled that Microsoft violated Section 2 but not Section 1 of the Sherman Act.
E) The court ruled that Microsoft violated both Sections 1 and 2 of the Sherman Act but that because the U.S. Department of Justice "sat on its rights" and delayed prosecution, the suit was subject to dismissal.

F) C) and D)
G) B) and C)

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When one company at one level of the manufacturing-distribution system acquires a company at another level of the system, the merger is called a ______ merger.


A) Horizontal
B) Vertical
C) Conglomerate
D) Joining
E) Predatory

F) C) and E)
G) None of the above

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By what U.S. Constitutional authority did Congress pass the Sherman Act?


A) Through its authority to regulate interstate commerce.
B) Through its authority to prevent discrimination.
C) Through its authority under the First Amendment.
D) Through its authority under the Fourth Amendment.
E) Pursuant to the due process clause contained in both the Fifth and Fourteenth Amendments.

F) A) and E)
G) None of the above

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Which analysis, if any, is applied to territorial and customer restrictions imposed by a manufacturer on a retailer?


A) Both territorial and customer restrictions are generally analyzed under the rule-of-reason test.
B) Both territorial and customer restrictions are generally analyzed on a per se basis.
C) Territorial restrictions are analyzed under the rule-of-reason test, while customer restrictions are analyzed on a per se basis.
D) Customer restrictions are analyzed under the rule-of-reason test, while territorial restrictions are analyzed on a per se basis.
E) Neither territorial nor customer restrictions are analyzed on any basis because both have been ruled legal in all cases.

F) B) and E)
G) C) and D)

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"On the Town." Benny began taking people on tours of historic sites in his town. That had not been done before because no one thought there was very much in the way of historical significance there. Benny, however, did some research; and, with a very active imagination on his part, came up with some good stories. He started to make a nice profit with the tours, particularly with tourists passing through the town on the way to the mountains. Benny began to hear of some rival tour groups that were planning to start giving tours in the area. Benny sent a memo to his secretary asking, "How can we shut down other potential tour groups because we want all the business?" One rival company had started operations, but Benny still had 85 percent of the business. His plan was to run the rival out of business and prevent the start-up of any other tour operations in his town. Benny decided that he would offer to do a free advertising brochure to any business that would put up a poster advertising his tour group and agree not to advertise or mention in any way any other tour group. Benny was particularly successful in reaching that agreement with hotels and restaurants in his town because of his likeable personality. When Prudence, who ran a rival tour group heard about Benny's actions, she was furious and accused him of an antitrust violation because he was trying to keep all the tour action for himself. Benny told Prudence she was nuts and that the only reason she had no business was that she stuck to dry historical fact on her tours and did not do research on romantic relationships between individuals in the area in order to "spice-up" her tours. He also told her that he was not a monopolist because he did not have all the business as evidenced by Prudence's own tour service. -The relevant market would be considered in determining the company's ________ share.


A) Allocated
B) Consumer
C) Market
D) Presumed
E) Allowable

F) B) and C)
G) C) and E)

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Which of the following was the result on appeal in Spirit Airlines Inc., v. Northwest Airlines Inc., the case in the text in which Spirit Airlines claimed that Northwest Airlines lowered its prices on certain flights once Spirit Airlines began to compete?


A) The court ruled that there was sufficient evidence from which a jury could determine that the defendant was guilty of predatory pricing thereby entitling the plaintiff to prevail.
B) The court ruled that although there was sufficient evidence from which a jury could determine that the defendant was guilty of predatory pricing, the defendant was entitled to a summary judgment ruling in its favor because the plaintiff failed to establish that it could have succeeded in the market absent the defendant's predatory pricing.
C) That there was insufficient evidence from which to determine that the defendant was guilty of predatory pricing and that summary judgment was therefore properly granted to it.
D) That although there was insufficient evidence from which to determine that the defendant was guilty of predatory pricing, a jury trial was mandated because the defendant was guilty of attempted monopolization.
E) That although there was insufficient evidence from which to determine that the defendant was guilty of predatory pricing, a jury trial was mandated because the defendant was guilty of inequitable conduct.

F) A) and E)
G) A) and D)

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