Understanding Administrative Hearings and Antitrust Laws

Administrative Hearings and Antitrust Laws

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action. True

A person who is harmed by a conspiracy that violates the Sherman Antitrust Act may sue the wrongdoers for treble damages, which is four times the actual damages. False

An agreement to charge an agreed-upon price or to set maximum or minimum prices between or among competitors is called price fixing but it is not per se a violation of the Sherman Act. False

Boycotts are always illegal, even when done with good intentions. True

Nobel economist Milton Friedman believes that government regulation of business interferes with the free enterprise system. True

To satisfy the requirements of due process, an agency handling a complaint must generally give notice and hold a hearing, although there is no right to trial by jury before an agency.

When the FTC or DOJ evaluate mergers under the Clayton Act, they can request a divestiture order which is: Not: An order by a quarter requiring an enterprise to dispose of its inventory.

You've been asked what a significant difference between an illustrative agency hearing and tell your friend the key difference is that: There is no right of trial by jury before the agency.

Congress is a bill that would create a new agency. As the legislative director to Sen. James Smith, You need to tell him what administration agencies can do. In general, an administrative agency can be created to perform: all three of the functions of government.

You work for the attorney general of the state of New York, who is annoyed at what he believes is improper raised prices. If this is the effect of an antitrust violation to raise prices, then the state attorney general may bring a class action suit for damages.

Before an agency can begin rule making proceedings it must be given jurisdiction by congressional enactment in the form of a statute.

Utah Pie was a company that was harmed by a violation of the Sherman Act. As a result, Utah Pie, as a person or enterprise harmed by a Sherman Act violation, could bring an action for Treble damages.

Under the Fourth Amendment, agency officials have the right to conduct inspections with a warrant, but a warrantless inspection is permitted when violations are dangerous to public health and safety.

You've just reviewed the Microsoft case we discussed in class and want to test your understanding of its concepts. A tying agreement occurs when the seller makes a buyer who wants to purchase one product buy an additional product that he or she does not want.

A trespass to personal property is an unpermitted entry below, on, across, or above the land of another. False

The shopkeeper's privilege gives store managers the absolute right to detain anyone they believe has shoplifted for an indeterminate period of time. False

Because a corporation is not a human being, it cannot be convicted of a crime. False

Jon manages a Stop & Shop. His employee blackmails an official on behalf of the store. Because it is a business crime, Jon cannot be held criminally responsible for the conduct of his employee. False

There are several defenses available when the standard of strict liability is applied. True