Asked by Jacob Searcy on May 27, 2024

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The concerted action requirement of the Sherman Act Section 1:

A) may be established by an express agreement.
B) is not met when a parent corporation and its wholly owned subsidiaries agree to a restraint in trade.
C) requires factors, additional to conscious parallelism, such as identical sealed bids from each competitor.
D) All of these are true.

Concerted Action Requirement

A legal criterion necessitating a cooperative or joint effort among individuals or entities to achieve a particular outcome.

Conscious Parallelism

A situation where firms in an industry independently choose similar pricing, production, or marketing practices without explicit agreement.

Wholly Owned Subsidiaries

Companies fully controlled by another company, the parent company, because the parent company owns 100% of the subsidiary's shares.

  • Recognize the difference between vertical and horizontal restraints and their significance in antitrust law.
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Sandy ShererMay 29, 2024
Final Answer :
D
Explanation :
All options are true regarding the concerted action requirement of the Sherman Act Section 1. An express agreement can establish concerted action (A), a parent corporation and its wholly owned subsidiaries acting in concert do not meet the requirement as they are considered a single entity (B), and factors beyond conscious parallelism, like identical sealed bids, can indicate concerted action (C).