Exam 33: Antitrust Law

A private antitrust civil treble-damage action,in which there is no suit by the government,must be brought within four years from the date that the plaintiff's injury occurred.

The aggressiveness with which antitrust laws are enforced varies considerably,based on the differing political ideologies of the administrations that occupy the Office of the President of the United States.

The Jackson Act is a federal statute,enacted in 1890,that makes certain restraints of trade and monopolistic acts illegal.

If a restraint of trade is inherently anticompetitive,it becomes a violation by applying the rule of reason.

Section 2 of the Clayton Act is commonly referred to as the Robinson-Patman Act.

Which of the following theories is used to examine the legality of a conglomerate merger?

The Federal Trade Commission Act (FTC Act)is a federal statute,enacted in 1970,that prohibits unfair methods of competition.

The "unfair advantage" theory is most often applied when analyzing:

A private plaintiff in an antitrust action must have dealt directly with the alleged violators in order to have standing to sue,and indirect injury resulting from higher prices being passed on is insufficient.

Which of the following best describes the activities allowable under the Noerr doctrine?

Why do we need federal antitrust laws? Would it be better if companies were allowed to simply engage in free-market competition?

Section 5 of the Federal Trade Commission Act covers conduct that violates the spirit of the Sherman Act or the Clayton Act.

Marvin,a sole proprietor,sells Perk-Up cereal to grocery stores.Some stores only buy a few boxes,but others buy large quantities.Marvin finds that it is cheaper to bulk ship large amounts to stores that buy a large quantity of the cereal.Is it permissible under the Robinson-Patman Act for Marvin to charge the purchasers of larger quantities less per box for the cereal?

Courts have permitted two or more small companies to merge without liability under Section 7,if the merger allows them to compete more effectively with a large company.

A horizontal restraint of trade occurs when two (2)or more competitors at the same level of distribution enter into a contract,combination,or conspiracy to restrain trade.

The ________ rule is applicable to restraints of trade considered inherently anticompetitive.Once this determination is made about a restraint of trade,the court will not permit any defenses or justifications to save it.

A book publisher acquiring a retail bookstore chain would be a backward vertical merger.

Section 16 of the Clayton Act permits the government or a private plaintiff to obtain an injunction against anticompetitive behavior that violates antitrust laws.

A vertical restraint of trade occurs when two (2)or more parties at different levels of distribution enter into a contract,combination,or conspiracy to restrain trade.

A group boycott is also known as a refusal to deal.