Question

Strong Corp. and Marginal, Inc. are competitors. Strong plans to acquire ownership of Marginal. Which of the following, if true, would help bolster a conclusion that the acquisition is lawful under Clayton Act Section 7?

A. That the industry in which Strong and Marginal are competitors has become increasingly concentrated in recent years.

B. That Strong has had a history of acquiring ownership over competitors in order to increase its market share.

C. That Strong has a 35 percent market share now and would only be increasing its market share by another 10 percent by acquiring Marginal.

D. That Marginal is teetering on the brink of bankruptcy and only Strong is interested in purchasing Marginal.

Answer

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