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True or False: The Sherman Act of 1890 prohibits monopolization and conspiracies to restrain trade but fails to spell out exactly which business practices constitute a "restraint of trade" and therefore a violation of the law, which caused numerous court battles

Economics Dec 05, 2020

True or False: The Sherman Act of 1890 prohibits monopolization and conspiracies to restrain trade but fails to spell out exactly which business practices constitute a "restraint of trade" and therefore a violation of the law, which caused numerous court battles. The Clayton Act of 1914 strengthens the Sherman Act by making it illegal for firms to engage in price discrimination, exclusive dealing, tying contracts, and other anticompetitive business practices. True False Identify whether each provision in the following table is included in the Sherman Act or in the Clayton Act. Sherman Act Clayton Act Provision It is illegal for the directors of one company to serve on the board of directors of another company in the same industry. It is illegal for the seller of one product to require the buyer to purchase some other product(s). O O A conspiracy in restraint of trade or commerce among the states or with foreign nations is illegal. O The agency for enforcing these laws is the
Two business practices outlawed by the Clayton Act are tying contracts and interlocking directorates. Which of the following accurately describe the conditions required for these two practices to be a violation of this antitrust law? Check all that apply. Tying contracts are not an anticompetitive business behavior unless the effect is to "substantially lessen competition or tend to create a monopoly." Tying contracts are not illegal unless the firms engage in price discrimination. Interlocking directorates are not illegal unless the directors earn at least $500,000 per year. Interlocking directorates are illegal, regardless of whether or not the effect may be to "substantially lessen competition.”
The strengthens the Clayton Act's provision against price discrimination, whereas the amends the Clayton Act to prohibit one firm from merging with a competitor by purchasing its physical assets if the effect is to substantially lessen competition.

Expert Solution

 

Answer:

Part1 a) True

Reason: The Sherman Antitrust Act was amended by the Clayton Antitrust Act in 1914, which addressed specific practices that the Sherman Act did not ban. For example, the Clayton Act prohibits appointing the same person to make business decisions for competing companies.

B)

Clyton Act

Reason: Clayton Act prohibits appointing the same person to make business decisions for competing companies.

Clayton Act:

Reason: Tying is an often illegal arrangement where, in order to buy one product, the consumer must also purchase another product that exists in a separate market. Tying falls under the wider legal umbrella of illegal competition that was originally censured by the Sherman Antitrust Act and refined in CLayton Act.

Sherman Act

Reason: Section one of the Sherman Act provides that "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations is hereby declared to be illegal."

C) Fill in the blank - Option 3, federal trade commission

PART 2: Optin A And D

PART 3: Fill in the blank

a) Robinson-Patman Act (Reason: The Robinson-Patman Act is a federal law passed in 1936 to outlaw price discrimination)

b) Celler-Kefauver (Reason: The Celler-Kefauver Act strengthened powers granted by the Clayton Act to prevent mergers that could possibly result in reduced competition.)

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