· Millitech is a sports equipment manufacturer. It wants to form a merger with an athletic wear company. This would be a __________ merger.

• Vertical
• Conglomerate
• Market        extension
• Horizontal

· A government agency which administers rules concerning clean housing projects wants to specify and explain the language it uses to communicate with the public and enforce its statutes. Which of the following is true?

• The agency must have a public        hearing where it explains the statutory language it uses. (Incorect)
• The agency does not need to        invite public opinion on the information it will post.
• The agency must hold a public        comment period for the public to weigh in on the impact and details of        the statute.

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· Decide the legality of the company’s decision or action in the following situation:

Vericorp wants to increase its profitability. It rearranges its distribution services so that it can serve customers in certain areas better, while leaving other areas where competitors are stronger unattended. The company makes no agreement with a competitor in doing so. Which of the following is true of this action?

• This is legal as long as no        agreements are made with a competitor.
• This is legal.
• This        may be illegal under the rule of reason.
• This is illegal per se.

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· Funtech is a toy manufacturer. It wants to form a merger with one of the toy stores that buys its toys. This would be a __________ merger.

• Vertical
• Conglomerate
• Market extension
• Horizontal

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· Identify the trade-restraining practice that this example demonstrates.

The CEOs of two pharmaceutical companies are having lunch. They discuss the unfair costs of ordering from a manufacturer that supplies to both companies. The CEOs decide that they will no longer work with the unfair pricing of the manufacturer.

• Division of markets
• Illegal boycott
• Price fixing
• Controlling output
• No illegal practice

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· Blinkorp is selling toys to retailers across the nation. Depending on the season, the company may make its toys with either higher-cost domestic plastics or lower-cost foreign plastics. The retailers who purchase from Blinkorp complain about the different prices caused by the differently-priced materials. Which of the following is true?

• Blinkorp is justified in        charging different prices because the toy industry is so flexible and        fluid.
• Blinkorp is engaging in price        discrimination against the retailers and must equalize its prices.
• Blinkorp is justified in        charging different prices because of the differing production costs.
• Blinkorp is justified in        charging different prices because it needs to meet the price of        competition nationwide.

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· For the scenario below, determine the legality of the company’s actions.

Ioncorp sells cabinets nationwide to the furniture company Blinkorp. It makes an agreement that Blinkorp will only sell Ioncorp cabinets in its warehouses. 

• Most likely legal        (Incorrect)
• Illegal, depending on impact
• Impossible to determine        legality
• Strictly illegal

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· For the scenario below, determine the legality of the company’s actions.

Wreckorp wants to maintain an exclusivity image for its product line of sports equipment. It limits its distribution to 100 stores in each region.

• Impossible to determine        legality
• Strictly illegal
• Illegal,        depending on impact (Incorrect)
• Most likely legal

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· Gilcorp wants to increase its profitability. It tries to gain new customers by offering a cash bonus to customers who switch to its service from another company. Which of the following is true of this action?

• This may be illegal under the        rule of reason.
• This is illegal per se.
• This is legal.
• This is legal as long as no        agreements are made with a competitor.

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· Millcorp sells wetsuits for deep sea divers. It recently engineered a new material for its wetsuits to better hold in the wearer’s body heat. After a close encounter with a shark, a customer discovers that the new material protects against shark bites. Soon after, Millcorp’s sales explode and it achieves 90% market share in diver wetsuits. Which of the following best describes this situation?

• Millcorp does not have a        monopoly.
• Millcorp has a lawful natural        monopoly
• Millcorp        has a lawful innocent acquisition of a monopoly.
• Millcorp can likely be found        guilty of pursuing monopoly power.

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· Identify the trade-restraining practice that this example demonstrates.

Tubifor, Inc. purchases all available imported lumber so it can resell it at a quantity and rate that it prefers.

• Controlling output        (Incorrect)
• Division of markets
• No illegal practice
• Illegal boycott
• Price fixing

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· Flippatech is a home furnishings manufacturer. It wants to form a merger with SleepzCorp, another home furnishings manufacturer. This would be a __________ merger.

• Market extension
• Vertical
• Conglomerate
• Horizontal

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· Identify the trade-restraining practice that this example demonstrates.

Two retailers decide that they will both sell no more than 100 premium TVs per month in order to maintain the quality image of the TVs.

• Price fixing
• Division of markets
• No illegal practice
• Controlling        output
• Illegal boycott

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· Identify the trade-restraining practice that this example demonstrates.

Company A and Company B both work in the candy industry. They agree that Company A will only sell chocolate to Company C and Company B will only sell fruit candies to Company C. 

• Illegal boycott
• Division        of markets
• Price fixing
• No illegal practice
• Controlling output

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· Identify the trade-restraining practice that this example demonstrates.

Company A and Company B discuss average industry prices.

• Price fixing
• Controlling output
• Division of markets
• Illegal boycott
• No        illegal practice

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· Bernie just started a business and is trying to raise capital. He has both accredited and non-accredited investors investing in the company. What constraints on investments for new businesses apply here?

• Investors may invest a        combined $50 million within a 12-month period.
• Investors’        allowable investment depends on the accredited or non-accredited status.
• Investors may invest no more        than $1 million combined for the first year of the business.

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· Horace is trying to start a business. He knows several accredited investors who he knows will help him jumpstart his business. What constraints on investments for new businesses apply here?

• Investors        may invest a combined $50 million within a 12-month period.
• Investors’ allowable        investment depends on the accredited or non-accredited status.
• Investors may invest no more        than $1 million combined for the first year of the business.

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· Gillcore is about to go public and begin selling securities. As a new public company, what steps must Gillcore take in order to stay in line with the requirements of the Securities Act?

• This company must file a        registration statement and prospectus with the SEC.
• As a new public company it        does not need to take any special action.
• The company’s        obligations depend on what type of company it is and what type of        securities it is offering.

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· Wendy wants to start a business. She knows many unaccredited investors who she knows will help her jumpstart her business. What constraints on investments for new businesses apply here?

• Investors may invest no more        than $1 million combined for the first year of the business.
• Investors may invest a        combined $50 million within a 12-month period.
• Investors’ allowable        investment depends on the accredited or non-accredited status.

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· Jewelcorp just began trading securities. The company is a closely-held corporation with several dozen shareholders and $10 million in assets. Which of the following is true concerning the company’s requirement to report to the SEC?

• Must file annual and        quarterly financial reports
• Requirement        to file depends on the company’s assets and shareholder base.        (Incorrect)
• Required to report major business        developments and must file annual and quarterly financial reports.
• Not required to report        information to the SEC.

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· Fancorp regularly trades in securities on a national exchange. Which of the following is true concerning the company’s requirement to report to the SEC?

• Required to report major        business developments and must file annual and quarterly financial        reports. (Incorrect)
• Not required to report        information to the SEC.
• Must file annual and        quarterly financial reports
• Requirement to file depends        on the company’s assets and shareholder base.

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· Which of the following places the events in the correct order?

• Concept        release; Rule proposal; Public comment period; Amendment of rule        proposal; Rule adoption
• Amendment of rule proposal;        Rule adoption; Concept release; Rule proposal; Public comment period
• Public comment period;        Concept release; Rule proposal; Amendment of rule proposal; Rule        adoption
• Rule adoption; Concept        release; Rule proposal; Public comment period; Amendment of rule        proposal

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· Bekah is an adviser for the company Vicoltech, which deals heavily in investments. Bekah also advises several other clients in her state, but no clients outside of her state. Before the Dodd-Frank Act was passed, Bekah was exempt from registration and reporting requirements with the SEC. When the Dodd-Frank Act was passed:

• Bekah was required to begin        reporting information to the SEC.
• Bekah was still exempt from        the SEC’s reporting requirements.
• Bekah was required to        register with the SEC, but not required to report information to the        SEC. (Incorrect)
• Indeterminable with current        information

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To fully grasp this question, we must revisit the section that states that advisers only working with clients in their same state of operation were exempted from reporting requirements with the SEC.

· Kathleen works for an accounting firm, Securate, as an auditor. Kathleen’s firm provides many services including auditing services, investment consulting, and tax assistance. Kathleen is working on an audit for a company that Securate also does consulting for. Which of the following is true?

• Kathleen        may assist in consulting services for the company as long as she makes        notice of a conflict of interest. (Incorrect)
• Kathleen may assist in        consulting services for the company without restriction.
• Kathleen may not assist in        consulting for the company.
• Kathleen may not assist in        consulting services for the company unless she is an officer in the        company.

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Under SOX, auditors may not serve in other roles for their companies.

· Nation A has a contract with Nation B which it breaks. The International Court of Justice is asked to offer a decision resolving the matter. Which of the following is false?

• The ICJ will not hear the        case if a party is not a UN member state. (Incorrect)
• The ICJ can bind Nations A        and B to an agreement even if there is no legal precedent for the        situation.
• The ICJ will examine the        custom of law used heretofore to help determine the right decision.
• ICJ cannot deviate from        similar decisions it has made on contract breaches before.

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The ICJ is not required to follow precedent.

· Determine the legality of the transaction.

KlineCorp wants to conduct business with Company B in another country. While visiting Company B, the management team of Company A offers some of the foreign employees some free products from their company.

• Illegal bribe
• Legal        bribe
• Legal or illegal, depending        on the purpose

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· Determine the legality of the transaction.

Tichatech is trying to pierce the global marketplace. When the CEO meets with a foreign prime minister, he offers him a vacation package to show his goodwill toward the country. 

• Legal        or illegal, depending on the purpose (Incorrect)
• Legal bribe
• Illegal bribe

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· Nation A has a political dispute with Nation B. The nations are at odds, but they agree to let a mediator hear the dispute. Which group would hear and decide on the nations’ dispute?

• The General Assembly
• The Secretariat
• The International Court of        Justice
• The Security Council

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· Nation A is new at developing monetary policy and lacks the expertise to develop a high-performing financial system. It would look to _______ for assistance.

• The        Bank for International Settlement
• The International Monetary        Fund
• The World Bank

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· Nation A has expansive manufacturing capabilities, and, therefore, its economy focuses on selling goods to other countries. Country B buys goods from Country A but can’t pay for the goods until it makes money from its own exports. It would look to _______ for assistance.

• The Bank for International        Settlement
• The        International Monetary Fund
• The World Bank

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