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Deemed guilty of monopolization of commerce

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1. At one point in time, the company Gator-Aide commanded 83% of the sports beverage market. This market share was primarily due to the fact that a University of Florida professor had invented the product which became very popular and thus the company became very successful. However, there were two other competitors in the market - Coke and Pepsi, which approximately shared the rests of the market. Pursuant to Section 2 of the Sherman Act, the best conclusion regarding anti-trust liability for Gator-Aide would be:

The company would be deemed guilty of monopolization of commerce since it possessed a very high share of the market.

The company would not be deemed guilty of monopolization of commerce.

The company would not be liable since the courts would say that the market was too narrowly defined and should include other sports drinks, such as water, soda, and beer (but only light beer).

The company committed a horizontal restraint of trade by "freezing out" its main competitors.

2.Dan assigns to Evan a contract to buy a used car from Fran. To be valid, the assignment must

be in writing and be signed to Dan.

be supported by adequate consideration from Evan.

not be revocable by Dan.

not materially increase Fran's risk or duty.

3. Digital Products Company agrees to sell to Eagle Manufacturing, Inc., a customized software system. If Eagle materially breaches the contract, the remedies available to Digital include the right

to cancel the contract only.

to recover damages only.

to cancel the contract and recover damages.

none of the above.

4. Shaquille is hired as a clerk in a "check-cashing store." He receives a notice in the mail to attend "jury duty." His boss tells him that he MUST work and can NOT attend jury duty because he is needed at work. Nonetheless, Shaquille goes to jury duty and is picked as a juror. Eventually, after a five day trial, he returns to work. His boss then fires him for being absent even though Shaquille called each day to inform his boss that he was on jury duty. When Shaquille informs his boss that he intends to sue him for "wrongful discharge," the boss laughs and tells Shaquille that he cannot sue because he is only an employee at-will. Which of the following is the most accurate statement?

Reference no: EM13865819

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