Q&A Hero

Q: Which of the following is an exception to the Noerr doctrine? A) a petition that is filed unilaterally by one party B) an identical petition filed independently by two parties without concerted action C) a petition that is filed in good-faith D) a petition that is unlikely to succeed on its merits

Q: A relevant market is characterized by the presence of ________. A) unique goods and services B) reasonably interchangeable goods and services C) highly differentiated goods and services D) pure monopoly of the defendant's goods and products

Q: A monopoly power is characterized by ________. A) a market share of below 20 percent B) an inability to control prices in the market C) an ability to exclude all competition from other sellers D) a presence of multiple substitute goods at competing prices

Q: A per se violation of Section 1 of the Sherman Act that occurs when a party at one level of distribution enters into an agreement with a party at another level to adhere to a price schedule that either sets or stabilizes prices is referred to as ________. A) group boycotts B) horizontal price fixing C) resale price maintenance D) nonprice vertical restraints

Q: Restraints of trade that are unlawful under Section 1 of the Sherman Act if their anticompetitive effects outweigh their procompetitive effects are known as ________. A) nonprice vertical restraints B) group boycotts C) division of markets D) resale price maintenance measures

Q: The legality of nonprice vertical restraints of trade under Section 1 of the Sherman Act is examined by applying the ________. A) Colgate doctrine B) Noerr doctrine C) per se rule D) rule of reason

Q: ________ is seen when an independent choice is made by one party not to deal with another party. A) Nonprice vertical restraint B) Monopoly to deal C) Unilateral refusal to deal D) Conscious parallelism

Q: Which of the following is true of the Colgate doctrine? 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.

Q: Which of the following is an example of a vertical restraint of trade? A) group boycott B) price fixing C) resale price maintenance D) division of markets

Q: Which of the following is true with regard to price fixing? A) Price fixing is a reasonable violation of Section 1 of the Sherman Act. B) Price fixing is a process seen exclusively among sellers of goods and services. C) Price fixing is permissible as it helps consumers or protects competitors from ruinous competition. D) Price fixing also involves fixing the quantity of a product or service to be produced or provided.

Q: ________ is a restraint of trade in which competitors agree that each will serve only a designated portion of the market. A) Resale market price maintenance B) Profit-sharing C) Market sharing D) Gainsharing

Q: Which of the following horizontal restraints of trade has the element of monopoly in it? A) conscious parallelism B) market sharing C) group boycott D) exchange of nonprice information

Q: A restraint of trade in which two or more competitors at one level of distribution agree not to deal with others at another level of distribution is known as ________. A) group boycott B) resale price maintenance C) price fixing D) market sharing

Q: Which of the following is an example of a horizontal restraint of trade? A) resale price maintenance B) division of markets C) unilateral refusal to deal D) conscious parallelism

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

Q: The rule of reason is characterized by ________. A) an automatic violation of Section 1 of the Sherman Act B) an inherently anticompetitive nature C) a lack of need for any evidence to deem the restraint unreasonable D) an evaluation of the company's market share, power, and other facets

Q: Price fixing is a ________ violation of Section 1 of the Sherman Act. A) reasonable B) per se C) justifiable D) permissible

Q: Three of the largest petroleum refineries in the country have come to an agreement about what price they would pay to purchase crude oil from sellers. This is an example of ________. A) sellers' illegal per se price fixing B) sellers' illegal group boycott C) buyers' illegal per se price fixing D) buyers' illegal market sharing

Q: A(n) ________ is a type of plea where the defendant pays a penalty without admission of guilt. A) nolo contendere B) arraignment C) indictment D) plea bargain

Q: The two tests the U.S. Supreme Court has developed for determining the lawfulness of a restraint are the rule of reason and the ________. A) Noerr doctrine B) per se rule C) nolo contendere rule D) Colgate doctrine

Q: Under the ________, the court must examine the pro- and anticompetitive effects of a challenged restraint. A) Noerr doctrine B) rule of reason C) per se rule D) consent decree

Q: The ________ is a rule that is applicable to restraints of trade considered inherently anticompetitive. A) consent decree B) Noerr doctrine C) per se rule D) rule of reason

Q: ________ damages are the only damages that may be recovered for violations of the FTC Act. A) Treble B) Double C) Potential D) Actual

Q: A private plaintiff has ________ years from the date on which an antitrust injury occurred to bring a private civil treble-damages action because only damages incurred during this period are recoverable. A) three B) two C) five D) four

Q: The ________ is a federal statute, enacted in 1930, that prohibits price discrimination. A) Sherman Act B) Clayton Act C) Robinson-Patman Act D) Federal Trade Commission Act

Q: The ________ is a federal statute, enacted in 1890, that makes certain restraints of trade and monopolistic acts illegal. A) Federal Trade Commission Act B) Robinson-Patman Act C) Clayton Act D) Sherman Act

Q: Which of the following is the only act that includes criminal sanctions for the usage of unfair trade practices? A) the Clayton Act B) the Sherman Act C) the Robinson-Patman Act D) the Federal Trade Commission Act

Q: Which of the following is considered an invalid antitrust injury? A) lost profits B) an increase in the cost of doing business C) injury resulting from higher prices being "passed on" D) a decrease in the value of tangible or intangible property caused by the antitrust violation

Q: Airlines enjoy a state action exemption from antitrust laws.

Q: States lack the power to enact antitrust statutes autonomously.

Q: ________ are a series of laws enacted to specifically limit anticompetitive behavior and monopolistic practices in almost all industries, businesses, and professions operating in the United States. A) Contract laws B) Antitrust laws C) Laissez-faire laws D) Canon laws

Q: Which of the following is true of antitrust laws? A) Antitrust laws are fixed and unchangeable. B) Each new administration adopts a different policy for enforcing antitrust laws. C) Federal antitrust laws provide for government lawsuits and exclude private lawsuits from their purview. D) Treble damages cannot be sought in antitrust lawsuits.

Q: The ________ is a federal statute, enacted in 1914, that regulates mergers and prohibits certain exclusive dealing arrangements. A) Sherman Act B) Celler-Kefauver Act C) Robinson-Patman Act D) Clayton Act

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

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

Q: The Federal Trade Commission and the Department of Justice share the power to enforce the FTC Act.

Q: Treble damages are allowed in an FTC Act violation.

Q: The insurance business enjoys a statutory exemption from antitrust laws.

Q: 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.

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

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

Q: The functional interchangeability test is used in defining the relevant product or service market.

Q: The merger of two grocery store chains that serve the same geographical market is an example of a horizontal merger.

Q: Vertical mergers create an increase in market share because the merging firms serve similar markets.

Q: Noerr doctrine is indirectly protected and guaranteed by the Bill of Rights.

Q: Section 2 of the Sherman Act prohibits the act of monopolization.

Q: The relevant geographical market is always considered state-wide.

Q: Predatory pricing has been held to violate Section 2 of the Sherman Act.

Q: Division of markets is considered to be a type of horizontal restraint of trade.

Q: Setting of minimum resale prices is a rule of reason violation of Section 1 of the Sherman Act.

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

Q: A unilateral refusal to deal is a violation of Section 1 of the Sherman Act because there is a concerted action with others.

Q: For conscious parallelism to be proven, each manufacturer should be found to have acted on its own.

Q: The fact that price fixing helps consumers or protects competitors from ruinous competition can be used as a valid defense against the charge of price discrimination.

Q: Competitors who agree that each will serve only a designated portion of the market are deemed to be engaging in a group boycott.

Q: Group boycotts can be either a per se violation or rule of reason violation.

Q: Restraints that are not characterized as per se violations are not further examined using the rule of reason.

Q: Price fixing is a rule of reason violation of Section 1 of the Sherman Act.

Q: Only price-fixing conducted by sellers is considered a violation of Section 1 of the Sherman Act.

Q: ________ picketing is a type of picketing in which a union tries to bring pressure against an employer by picketing the employer's suppliers or customers.

Q: ________ Act, also known as the labor's "bill of rights," gives each union member equal rights and privileges to nominate candidates for union office, vote in elections, and participate in membership meetings.

Q: The ________ Act of 1986, which is administered by the USCIS, requires employers to verify whether prospective employees are either U.S. citizens or otherwise authorized to work in the country.

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

Q: According to a(n) ________ agreement, an employer can hire an employee who is not a member of a union; the employee need not join a union after being hired but must pay a fee to the union.

Q: Wages, hours, and other terms and conditions of employment are ________ of collective bargaining.

Q: Employees who choose not to strike or return to work after joining the strikers for a period of time are known as ________ workers.

Q: When individual union members go on strike without proper authorization from the union it is referred to as a(n) ________ strike.

Q: The right to picket is implied from the ________ Act.

Q: If employees no longer want to be represented by a union, a(n) ________ election is held.

Q: Decertification elections must be supervised by the ________.

Q: The group that a union is seeking to represent is called the ________ unit, and it must be defined before the union can petition for an election.

Q: Under a(n) ________ agreement, an employer agrees to hire only employees who are already members of a union.

Q: John L. Lewis formed the ________ in 1935, which permitted semiskilled and unskilled workers to be its members.

Q: Enacted in 1932, the ________ is a federal statute which stipulates that it is legal for employees to organize.

Q: Distinguish between strikes and picketing. When is picketing lawful?

Q: How does the Landrum-Griffin Act regulate internal affairs of unions? Can unions discipline their members? Elaborate.

Q: What is an EB-1 visa? Who qualifies for it?

Q: The ________ Act gives the president of the United States the right to seek an injunction (for up to 80 days) against a strike that would create a national emergency.

Q: The ________ was formed in 1886, under the leadership of Samuel Gompers. Only skilled craft workers such as silversmiths and artisans were allowed to belong.

Q: Which of the following is true of the United States' immigration law? A) An H1-B visa is granted only to foreign nationals skilled in specialty occupations. B) Individual applicants, and not employers, apply for H1-B visas. C) H1-B visa holders cannot bring their family as dependents to the U.S. D) H4 visa holders are allowed to work for minimum wages or more in the U.S.