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DSST Business Law II Exam Prep

Category - DSST Business Law II

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Under Section 2 of the Sherman Antitrust Act, to find a defendant guilty of monopolization what must the government prove?
  1. That the defendant was aware that his company's board of directors had the intent to monopolize.
  2. That the defendant had secret meetings with his or her board of directors where they planned how they could gain the power to monopolize.
  3. That the defendant had the intent to monopolize with the power to monopolize and that the defendant exercised the power.
  4. That the defendant had the intent to monopolize.
  5. That the defendant had the intent to monopolize with the power to monopolize.
Explanation
Answer: E. Under Section 2 of the Sherman Antitrust Act, to find a defendant guilty of monopolization, the government must prove that the defendant had the intent to monopolize with the power to monopolize. It is not necessary for the government to show that the defendant ever exercised the power to monopolize. The penalty for monopolization is a fine of up to $100,000,000 for a corporation.
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