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Question
Syntech Corporation makes computers. Total Digital, Inc., is a chain of retail computer stores. Syntech and Total Digital merge. Syntech is the surviving entity. What factors determine whether this merger is illegal under the Clayton Act?Answer
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Fact Pattern 41-1
Adam, a director of Beta Computer Company, learns that a Beta engineer has developed a new, significantly faster computer chip. Adam buys Beta stock and tells his friend Cathy, who also buys Beta stock. When the new chip is announced three weeks later, Adam and Cathy sell their stock for a big profit.
Refer to Fact Pattern 41-1. Regarding Adam's profits on the purchase and sale of Beta stock, under Section 16(b) of the Securities Exchange Act of 1934 Beta may recapture
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Fact Pattern 41-1
Adam, a director of Beta Computer Company, learns that a Beta engineer has developed a new, significantly faster computer chip. Adam buys Beta stock and tells his friend Cathy, who also buys Beta stock. When the new chip is announced three weeks later, Adam and Cathy sell their stock for a big profit.
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Generally, states have disclosure requirements patterned after federal securities law.
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Private parties cannot sue violators of Section 10(b) and Rule 10b-5.
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