Case 2-3: Personal Decision Making: Do Ethical Considerations Matter?
1. Let the students speak their mind. It would be interesting to compare and contrast their views on this
situation.
2. What are the ethical considerations, if any, in this case?
John is acting in his own best interest. He fails to see any wrong in his unprofessional approach where he has
already signed an employment contract.
3. As an employee, this individual would break moral and legal laws. In making an ethical or moral
decision, John at this level might ask, “What can I get away with?” He may not see wrong in unethical
4. John is operating at level 1 of moral development, as he is only concerned about himself.
Insert 1
Clayton Antitrust Act – Section 2C
“...It shall be unlawful for any person engaged in commerce, in the course of such commerce, to pay or grant,
or to receive or accept, anything of value as a commission, brokerage, or through compensation, ...except for
services rendered in connection with the sale or purchase of goods...”
Lack of knowledge, intent of illegal payment, and/or proof of actual competitive injury cannot be raised as a
defense under this section.
Insert 2
Clayton Antitrust Act – Section 3
That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or
make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities,
whether patented or unpatented, for use, consumption or resale within or any insular possession or other place
under the jurisdiction of the United States, or fix a price charged therefore, or discount from, or rebate upon,
such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or
deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or
competitors of the lessor or seller where the effect of such lease, sale, or contract for sale of such condition,
agreement or understanding may be to substantially lessen competition or tend to create a monopoly in any
line of commerce.