Question

The following statements pertain to alleged violations of Section 1 of the Sherman Act. Which statement is accurate?

A. Although tying agreements are classified as per se violations of Section 1, the judicial treatment given to them differs from pure per se treatment.

B. Because vertical restraints on distribution necessarily harm intrabrand competition, they are considered per se violations of Section 1.

C. Because group boycotts amount to reprehensible conduct that cannot have competitive justification, all such agreements are considered per se violations of Section 1.

D. Although concerted action ordinarily has been required in order for there to have been a violation of Section 1, the Supreme Court recently dispensed with the requirement in price-fixing cases.

Answer

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