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True / False
1. The Airtours v. Commissioner of European Communities case involved the question of whether a merger
between two members of the oligopoly in the short haul segment of the airline industry would create a "collective
dominant" business firm.
a. True
b. False
2. The antitrust laws of the European countries developed much earlier and were the model for the antitrust legislation
in the United States.
a. True
b. False
3. The Tetra Laval BV v. Commission of the European Communities case applied correctly the "leveraging" theory
in the rejection of the merger of Tetra Laval and Sidel that would horizontally and vertically dominate the plastic
bottle plugs industry.
a. True
b. False
4. The European Parliament has criticized the European Commission for its flexible approach in the granting of block
exemptions from normal competition rules for vertical agreements.
a. True
b. False
5. European courts addressing a patent issue are generally more favorable to patent holders than U.S. courts.
a. True
b. False
6. In the Hartford Fire Insurance Co. case, the U.S. Supreme Court determined that it could not assert jurisdiction
over European companies in competition matters unless the companies had a direct physical presence in a U.S.
state.
a. True
b. False
7. Antitrust laws have been enacted in all of the WTO members after World War II.
a. True
b. False
8. Antitrust law in the European Union are implemented by the Commission of the European Communities and are
known as competition law.
a. True
b. False
9. The European Union's sophisticated antitrust law is based on and implemented through Article 1 and Article 2 of the
Clayton Act.
a. True
b. False
10. The form of antitrust laws are enacted based on the particular circumstances of each nation and therefore are not
uniform.
a. True
b. False
11. Prohibitions against agreements that restrict competition in the United States by the Justice Department are
reviewed in the context of determining such an arrangement would enhance or inhibit a competitive market place.
a. True
b. False
12. In smaller countries, there tends to be a relatively lower tolerance for market domination.
a. True
b. False
13. Foreign competition law is similar in substance are modeled after American antitrust law and similar in the sanctions
for violating the law.
a. True
b. False
14. Due to the fact that foreign competition law violations offer few, if any, damage awards, there is very little private
litigation.
a. True
b. False
15. The analytical framework established by American antitrust law distinguishes between actions that are wrong per se
and actions to which the rule of reason applies.
a. True
b. False
16. The European Union's competition law exemption system functions very much like the American antitrust law rule
of reason.
a. True
b. False
17. The Europeans have structured their system to provide for resolution of competition law issues after the transaction
has taken place, typically through litigation.
a. True
b. False
18. Through what is called a block exemption, the European Commission grants an automatic competition exemption to a
variety of different types of transactions and agreements.
a. True
b. False
19. Under the European Commission's block exemption, the parties whose agreements fall under certain exempted
categories only have to seek de minimis approval for their transactions to be considered exempt under competition
law.
a. True
b. False
20. The U.S. has an analogous system to the European Union's system for resolving antitrust law issues prior to the
transaction taking place.
a. True
b. False
21. The Europeans tend to be reluctant to apply their competition law to activity outside the EU.
a. True
b. False
22. The U.S. antitrust laws apply to the conduct of U.S. firms outside the territorial boundaries of the United States.
a. True
b. False
23. A clawback provision allows a foreign company to sue in their own country to recover against local American assets
all or part of an antitrust judgment rendered in the U.S.
a. True
b. False
24. The European Court of Justice has shown little reluctance to find competition conspiracies between a European
subsidiary and its American parent.
a. True
b. False
25. Patent licenses are not covered by the Commission of the European Union block exemptions.
a. True
b. False
26. American policy tends to be more forgiving of a patent holder's restrictions than the European Commission.
a. True
b. False
27. The Europeans view the monopoly in a patent as a danger to competition that should be minimized as much as
possible.
a. True
b. False
28. The European Commission is even less flexible with respect to know-how transfer agreements than it is to patent
licenses.
a. True
b. False
29. The European Court of Justice has issued a decision giving franchisor-franchisees great flexibility in structuring.
a. True
b. False
30. During the 1980s, the U.S. Justice Department took the offensive and aggressively enforced American antitrust laws
in order to signal to the business community that any transactions that in violation of antitrust laws would be
prosecuted.
a. True
b. False
31. The European Union and foreign nations have begun a spirited effort to beef up their competition laws.
a. True
b. False
32. Because The Sherman Act is a U.S. statutory law, it cannot be used to regulate or bring an action against a foreign
company.
a. True
b. False
33. Despite the differences in antitrust laws among nations the substances of competition law is similar.
a. True
b. False
34. Prohibitions against agreements that restrict competition are relevant in international business transactions.
a. True
b. False
35. In Japan, there are few remedies for private causes of action for damages due to antitrust violations in civil court
system.
a. True
b. False
36. Article 81(3) provides for an "individual exemption" of an otherwise violation of the Article 81, if the results there are
positive economics effects overall.
a. True
b. False
37. The U.S. takes the position that a patent monopoly is essential to protect the patent holder and encourage innovation.
a. True
b. False
