Question 1

Under the ________,the court must examine the pro- and anticompetitive effects of a challenged restraint.

Accepted Answer

A) Noerr doctrine 
B) rule of reason 
C) per se rule 
D) consent decree 
A) Noerr doctrine 
B) rule of reason 
C) per se rule 
D) consent decree

Question 2

Which of the following is true of the Colgate doctrine?

Accepted Answer

A) It is not a violation of Section 1 of the Sherman Act. 
B) It is an example of a horizontal restraint of trade. 
C) It is a per se violation of Section 1 of the Sherman Act. 
D) It is a rule of reason violation of Section 1 of the Sherman Act. 
A) It is not a violation of Section 1 of the Sherman Act. 
B) It is an example of a horizontal restraint of trade. 
C) It is a per se violation of Section 1 of the Sherman Act. 
D) It is a rule of reason violation of Section 1 of the Sherman Act.

Question 3

The Clayton Act,enacted in 1914,regulates mergers and prohibits certain exclusive dealing arrangements.

Accepted Answer

A) True 
 B)False

Question 4

Antitrust laws are constant across changes in governmental administration.

Accepted Answer

A) True 
 B)False

Question 5

Natural monopolies are found to violate Section 2 of the Sherman Act.

Accepted Answer

A) True 
 B)False

Question 6

What are the three statutory defenses under the Robinson-Patman Act for price discrimination?

Accepted Answer

The Robinson-Patman Act establishes thre

Question 7

Airlines enjoy a state action exemption from antitrust laws.

Accepted Answer

A) True 
 B)False

Question 8

Noerr doctrine is guaranteed by the Bill of Rights.

Accepted Answer

A) True 
 B)False

Question 9

The legality of nonprice vertical restraints of trade under Section 1 of the Sherman Act is examined by using the rule of reason.

Accepted Answer

A) True 
 B)False

Question 10

Section 1 of the Sherman Act allows for intangible properties to be sold in tying arrangements.

Accepted Answer

A) True 
 B)False

Question 11

It is necessary to prove actual injury in order for a plaintiff to recover damages in a price discrimination lawsuit.

Accepted Answer

A) True 
 B)False

Question 12

The unfair advantage theory is intended to prevent wealthy companies from overwhelming the competition in a given market.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is an example of a horizontal restraint of trade?

Accepted Answer

A) resale price maintenance 
B) division of markets 
C) unilateral refusal to deal 
D) conscious parallelism 
A) resale price maintenance 
B) division of markets 
C) unilateral refusal to deal 
D) conscious parallelism

Question 14

Which of the following businesses and activities enjoys a statutory exemption from antitrust laws?

Accepted Answer

A) airlines 
B) professional baseball 
C) agricultural cooperatives 
D) all professional sports and games 
A) airlines 
B) professional baseball 
C) agricultural cooperatives 
D) all professional sports and games

Question 15

A merger between two or more companies that compete in the same business and geographical market is known as ________.

Accepted Answer

A) horizontal merger 
B) vertical merger 
C) market extension merger 
D) conglomerate merger 
A) horizontal merger 
B) vertical merger 
C) market extension merger 
D) conglomerate merger

Question 16

The per se rule is applicable to restraints of trade that are considered inherently anticompetitive.

Accepted Answer

A) True 
 B)False

Question 17

According to the failing company doctrine,two or more smaller companies are allowed to merge to compete with a larger company even if they are highly profitable as smaller companies.

Accepted Answer

A) True 
 B)False

Question 18

________ is an act that requires certain firms to notify the Federal Trade Commission and the Justice Department in advance of a proposed merger and comply with a thirty-day waiting period before the merger is approved.

Accepted Answer

A) Celler-Kefauver Act 
B) Hart-Scott-Rodino Antitrust Improvement Act 
C) Robinson-Patman Act 
D) Sherman Act 
A) Celler-Kefauver Act 
B) Hart-Scott-Rodino Antitrust Improvement Act 
C) Robinson-Patman Act 
D) Sherman Act

Question 19

________ is a restraint of trade in which competitors agree that each will serve only a designated portion of the market.

Accepted Answer

A) Resale market price maintenance 
B) Profit-sharing 
C) Market sharing 
D) Gainsharing 
A) Resale market price maintenance 
B) Profit-sharing 
C) Market sharing 
D) Gainsharing

Question 20

Which of the following is true of the per se rule in restraint of trade?

Accepted Answer

A) fails to permit any defenses and justifications to save the restraint of trade 
B) applies only to restraints that are found to be unreasonable with certain evidentiary standards being met 
C) applies to restraints that are based primarily on the firm's market share and power 
D) requires a balancing of the positive and negative effects of the challenged restraint 
A) fails to permit any defenses and justifications to save the restraint of trade 
B) applies only to restraints that are found to be unreasonable with certain evidentiary standards being met 
C) applies to restraints that are based primarily on the firm's market share and power 
D) requires a balancing of the positive and negative effects of the challenged restraint

Exam 46: Antitrust Law and Unfair Trade Practices

Under the ________,the court must examine the pro- and anticompetitive effects of a challenged restraint.

Which of the following is true of the Colgate doctrine?

The Clayton Act,enacted in 1914,regulates mergers and prohibits certain exclusive dealing arrangements.

Antitrust laws are constant across changes in governmental administration.

Natural monopolies are found to violate Section 2 of the Sherman Act.

What are the three statutory defenses under the Robinson-Patman Act for price discrimination?

Airlines enjoy a state action exemption from antitrust laws.

Noerr doctrine is guaranteed by the Bill of Rights.

The legality of nonprice vertical restraints of trade under Section 1 of the Sherman Act is examined by using the rule of reason.

Section 1 of the Sherman Act allows for intangible properties to be sold in tying arrangements.

It is necessary to prove actual injury in order for a plaintiff to recover damages in a price discrimination lawsuit.

The unfair advantage theory is intended to prevent wealthy companies from overwhelming the competition in a given market.

Which of the following is an example of a horizontal restraint of trade?

Which of the following businesses and activities enjoys a statutory exemption from antitrust laws?

A merger between two or more companies that compete in the same business and geographical market is known as ________.

The per se rule is applicable to restraints of trade that are considered inherently anticompetitive.

According to the failing company doctrine,two or more smaller companies are allowed to merge to compete with a larger company even if they are highly profitable as smaller companies.

________ is an act that requires certain firms to notify the Federal Trade Commission and the Justice Department in advance of a proposed merger and comply with a thirty-day waiting period before the merger is approved.

________ is a restraint of trade in which competitors agree that each will serve only a designated portion of the market.

Which of the following is true of the per se rule in restraint of trade?

Legal Environment of Business and Online Commerce

Courts and Jurisdiction

Judicial, alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Product and Strict Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crime

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, defenses, and Discharge

Banking System and Electronic Financial Transactions

Credit, mortgages, and Debtors Rights

Secured Transactions

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, agents, and Independent Contractors

Employment, worker Protection, and Immigration Law

Labor Law

Equal Opportunity in Employment

Small Business, entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Businesses

Investor Protection, e-Securities, and Wall Street Reform

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection

Personal Property, real Property, and Insurance

Real Property

Landlord-Tenant Law and Land Use Regulation

Insurance

Accountants Duties and Liability

Wills, trusts, and Estates

Family Law

International and World Trade Law

Filters