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"Scuba Gear." Shirley is a popular manufacturer of scuba gear. Before she allows a store to carry her line of scuba gear, she requires that the store owner agree that her line is the only line of scuba gear the store will carry. She also requires that if a store carries her line of scuba gear, it must carry her line of wet suits. Sales of other manufacturer's gear and wet suits have begun a steady decline. She is accused of violating antitrust laws. Shirley, however, replies that she is simply conducting good business practices. Trudy, the president of ABC Scuba, calls Shirley and tells her that she is prepared to bring suit against Shirley for antitrust violations. Shirley tells Trudy that although she is not in violation, that only the government could take action against her, and that the government is way too busy to get involved in a dispute over scuba gear. -The requirement of Shirley that before she will sell scuba gear to a business, the business must carry her line of wet suits is a ______ arrangement.


A) Combination
B) Tying
C) Requirements
D) Complementary
E) Joinder

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

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Sheila has a flower shop as does her friend Bob. Their shops are in adjoining towns located approximately 10 miles apart. Sheila agrees that she will not sell flowers for delivery in Bob's town in return for Bob agreeing that he will not sell flowers for delivery in Sheila's town. Have Sheila and Bob committed any antitrust violation, if so what and under what standard would it be reviewed?

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They have violated Section 1 o...

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Which of the following was the result in PepsiCo Inc., v. The Coca-Cola Co., the case in the text in which PepsiCo challenged Coca-Cola's loyalty policy by which independent food distributors (IFDs) agreed to not handle soft drink products of PepsiCo?


A) That the practice violated antitrust laws because it constituted an attempted monopolization.
B) That the practice violated antitrust laws because it constituted a monopolization.
C) That PepsiCo failed to provide evidentiary support for the restrictions it urged in regard to the relevant product market and that it failed to establish an antitrust claim.
D) That while PepsiCo provided sufficient evidentiary support for the restrictions it urged in regard to the relevant product market, it failed to show that a sufficient number of customers in that market preferred IFDs over other methods of distribution.
E) That because PepsiCo had itself engaged in anticompetitive conduct, it was estopped from asserting claims against Coca-Cola.

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

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Contrast traditional antitrust theories with the Chicago School theories.

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Traditional antitrust theorists argue th...

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Which of the following is true regarding whether Shirley's arrangement that if a store carries her line of scuba gear, it must carry her line of wet suits is legal?


A) It is legal.
B) It is legal unless the items at issue may not be used together.
C) It is per se illegal.
D) If the tying arrangement leads to competitive harm, the court will likely find the arrangement to be illegal.
E) The agreement is legal only if use of the wetsuit enhanced the performance of the scuba gear which is unlikely.

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

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"Scuba Gear." Shirley is a popular manufacturer of scuba gear. Before she allows a store to carry her line of scuba gear, she requires that the store owner agree that her line is the only line of scuba gear the store will carry. She also requires that if a store carries her line of scuba gear, it must carry her line of wet suits. Sales of other manufacturer's gear and wet suits have begun a steady decline. She is accused of violating antitrust laws. Shirley, however, replies that she is simply conducting good business practices. Trudy, the president of ABC Scuba, calls Shirley and tells her that she is prepared to bring suit against Shirley for antitrust violations. Shirley tells Trudy that although she is not in violation, that only the government could take action against her, and that the government is way too busy to get involved in a dispute over scuba gear. -Which of the following is true regarding Shirley's statement that only the government could take action against her?


A) She is correct.
B) She is correct only if she has had no other antitrust charges brought against her; otherwise, private parties are allowed to bring suit.
C) She is incorrect although private parties are limited to injunctive relief only.
D) She is incorrect although private parties are limited to damages only and may not recover attorney fees.
E) She is incorrect, and a prevailing plaintiff is entitled to attorney fees and damages.

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

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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. -What would the government's best argument to the court be regarding the conduct of Bruce and Jimmy?


A) That a rule-of-reason violation occurred.
B) That an acknowledged violation occurred.
C) That a per se violation occurred.
D) That a refusal to deal occurred.
E) That an intrastate concerted action occurred.

F) All of the above
G) C) and D)

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Which of the following was left the responsibility of identifying which specific behaviors were prohibited under the Sherman Act?


A) Congress which amends the Sherman Act from time to time to set forth additional specific offenses.
B) State legislatures.
C) Local governing bodies.
D) The courts.
E) Both state legislatures and local governing bodies.

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

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A seller engages in _______ when it sells the same goods to competing buyers for different prices.


A) Price gouging
B) Price discrimination
C) Predatory pricing
D) Discriminatory pricing
E) Competitive pricing

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

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Which of the following is false regarding groups and activities that are exempt from antitrust law?


A) Individuals in the fishing industry can cooperate for purposes of catching and preparing fish for market.
B) Labor unions can organize and bargain.
C) When insurance businesses are subject to state antitrust regulation, they are exempt from federal antitrust law.
D) States can set their own quotas regarding the amount of oil to be sold in interstate commerce.
E) Regulatory bodies of the airline and banking industry have authority to approve behaviors that would otherwise violate antitrust law, but the same is not true for the utility industry.

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

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Which of the following is not an example of a horizontal restraint of trade?


A) Price fixing
B) Resale-price maintenance agreements
C) Group boycotts
D) Trade associations
E) Joint ventures

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

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Group boycotts by which two or more competing sellers refuse to sell their products to a certain customer are generally per se violations of the Sherman Act.

A) True
B) False

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"Scuba Gear." Shirley is a popular manufacturer of scuba gear. Before she allows a store to carry her line of scuba gear, she requires that the store owner agree that her line is the only line of scuba gear the store will carry. She also requires that if a store carries her line of scuba gear, it must carry her line of wet suits. Sales of other manufacturer's gear and wet suits have begun a steady decline. She is accused of violating antitrust laws. Shirley, however, replies that she is simply conducting good business practices. Trudy, the president of ABC Scuba, calls Shirley and tells her that she is prepared to bring suit against Shirley for antitrust violations. Shirley tells Trudy that although she is not in violation, that only the government could take action against her, and that the government is way too busy to get involved in a dispute over scuba gear. -The agreements between Shirley and sellers to the effect that the stores would only carry Shirley's gear are ______ contracts.


A) Mandatory-dealing
B) Exclusionary
C) Exclusive-dealing
D) Unilateral
E) Primary

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

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The Sherman Act may not be constitutionally applied to foreign companies that conduct business in the U.S.

A) True
B) False

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Which of the following prohibits price discrimination by sellers?


A) Section 2 of the Clayton Act
B) Section 3 of the Sherman Act
C) Section 2 of the Sherman Act
D) Section 1 of the Sherman Act
E) The Federal Trade Commission Act

F) All of the above
G) C) and D)

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Which of the following references the type of merger that occurs when an acquiring firm desires to spread into a new market where it does not have a product, merges with a firm in that market, and continues to produce the other firm's product in the target market?


A) Horizontal extension
B) Market extension
C) Diversification
D) Vertical extension
E) Product extension

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

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Bid rigging is legal because it has recently been removed from the category of price-fixing.

A) True
B) False

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"Scuba Gear." Shirley is a popular manufacturer of scuba gear. Before she allows a store to carry her line of scuba gear, she requires that the store owner agree that her line is the only line of scuba gear the store will carry. She also requires that if a store carries her line of scuba gear, it must carry her line of wet suits. Sales of other manufacturer's gear and wet suits have begun a steady decline. She is accused of violating antitrust laws. Shirley, however, replies that she is simply conducting good business practices. Trudy, the president of ABC Scuba, calls Shirley and tells her that she is prepared to bring suit against Shirley for antitrust violations. Shirley tells Trudy that although she is not in violation, that only the government could take action against her, and that the government is way too busy to get involved in a dispute over scuba gear. -Which of the following is true regarding the contention of Shirley that her agreements with sellers to the effect that the sellers will only carry her scuba gear are good business practices and legal?


A) She is correct.
B) She is wrong because an agreement that a seller will only carry a seller's merchandise is per se illegal under Section 1 of the Sherman Act.
C) She is wrong because an agreement that a seller will only carry a seller's merchandise is per se illegal under the Clayton Act.
D) Additional information is needed in order to determine whether she violated either the Clayton Act or the Sherman Act because her actions will be reviewed under a rule-of-reason test with the primary inquiry being whether her actions were reasonable in view of competitive practices in the industry.
E) If the agreement lessens competition or tends to create a monopoly, the agreement is in violation of Section 3 of the Clayton Act.

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

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Which of the following references the type of conglomerate merger that occurs when a firm attempts to extend the market for one of its current products by merging with a firm already active in the target market?


A) Horizontal extension
B) Market extension
C) Diversification target
D) Vertical extension target
E) Product extension

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. -In attempting to establish a violation of the Sherman Act, what type of trade violation would the government most likely allege?


A) A vertical restraint
B) A horizontal restraint
C) A corresponding restriction
D) An agreed restriction
E) A rule-of-reason restriction

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

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