Chapter 5 Flashcards

Government Regulation and Competition of Prices

1
Q

police power

A

basis for gov regulation

capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants

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2
Q

what steps in when competitors create barriers to market entry or collude on prices or production in order to control prices

A

antitrust laws

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3
Q

unfair competition is controlled by who

A

federal and state gov
statutes and administrative agencies and regulations

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4
Q

types of anticompetitive behavior

A

horizontal restraints
vertical restraints

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5
Q

types of horizontal restraints
(those among competitors)

A

price fixing (Sherman Act)
monopolization (Sherman Act)
mergers among competitors (Clayton Act)

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6
Q

types of vertical restraints
(throughout the supply chain)

A

price discrimination (Robinson-Patman Act)

Exclusive Dealings and Territories (Sherman Act)

mergers along the supply chain (Clayton Act )

resale price maintenance (Sherman Act)

tying ( Clayton Act )

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7
Q

Sherman (antitrust) Act

A

a federal statute prohibiting combinations and contracts in restraint of interstate trade.

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8
Q

Clayton Act

A

a federal law that prohibits anti-competitive mergers, predatory and price discrimination, and other forms of unethical corporate behavior.

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9
Q

Robinson-Patman Act

A

a federal statute that prohibits price discrimination in interstate commerce.

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10
Q

How many sections are in sherman act and what are they

A

2
1. prohibits restraint of trade
2. prohibits monopolization

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11
Q

what does the sherman act control

A

anticompetitive behavior among and between competitors

stop unfair methods of competition

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12
Q

what act prohibits competitors from fixing prices and even from exchanging price information

A

Sherman act

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13
Q

Agreements among competitors, as well as “every contract, combination … or conspiracy” to fix prices, violates ____ of the ___

A

section 1 of Sherman act
1. prohibits restraint of trade

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14
Q

Known as horizontal price fixing, any agreement to charge an agreed-upon price or to set maximum or minimum prices between or among competitors are per se violation of

A

sherman act

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15
Q

ability to control prices and exclude competitors

A

market power

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16
Q

boycotts are violation of

A

Sherman act
intention can be good but its still illegal

17
Q

sherman act does not prohibit what

A

bigness

18
Q

If the Clayton Act is violated through ownership or control of competing enterprises, a court may order the violating defendant to dispose of such interests by issuing a decree called a

A

divestiture order

19
Q

divestiture order

A

a court order to dispose of interests that could lead to a monopoly

20
Q

offering one buyer free advertising while not offering it to another as an incentive to buy would be a violation of the

A

robinson patman act

21
Q

resale price maintenance

A

attempt by manufacturers to control the prices that retailers can charge for their goods

22
Q

tying

A

the anticompetitive practice of requiring buyers to purchase one product in order to get another

23
Q

tying is a violation of what act

A

sherman act

24
Q

vertical mergers occur between firms that have what relationship

A

buyer and seller relationship

25
Q

violation of sherman act has punishment of

A

max $100 million fine for a corp.
1 mill for a normal person- or max 10 years prison or both

26
Q

treble damages

A

three times the amount of damage

27
Q

parens patriae

A

theory that the state is suing as the parent of its people.

28
Q

basis for government regulation

A

police power

29
Q

regulation is passed when …

A

the free enterprise system fails to control abuses, as when companies engage in unfair methods of competition

30
Q

what act focuses on horizontal anticompetitive behavior such as price fixing, boycotts, refusal to deals, and monopolization through means other than fair competition

A

Sherman act

31
Q

what act prohibits mergers or acquisition of the assets of another corporation when this conduct would tend to lessen the competition or create a monopoly

A

Clayton act

32
Q
A