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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

April 2009     MCLE Test and Answer Sheet

Test No. 180: The Price Is Right

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. After Leegin Creative Leather Products, Inc. v. PSKS, Inc., minimum resale price agreements are legal.
 True.
 False.

2. Dr. Miles Medical Company sued John D. Park & Sons Company for tortious interference with contractual relations.
 True.
 False.

3. Manufacturers have not seized on Leegin to impose minimum resale prices on distributors or retailers.
 True.
 False.

4. The U.S. Supreme Court's Colgate doctrine clarified ambiguities in Dr. Miles by enabling manufacturers to announce their resale prices.
 True.
 False.

5. The development of the law of vertical nonprice restraints played an important role in paving the way for the Leegin decision.
 True.
 False.

6. Horizontal price-fixing agreements among manufacturers lead to decreased output and increased prices to the consumer.
  True.
 False.

7. Consumer welfare is not a proper focus of antitrust law.
 True.
 False.

8. Vertical restrictions, such as location clauses and sales territories, can assist in creating increased interbrand competition.
 True.
 False.

9. To survive summary judgment, a distributor need only show that it was terminated by a manufacturer following complaints of discounting by a rival distributor.
 True.
 False.

10. A manufacturer may legitimately require retailers to maintain a trained staff to demonstrate and service its products.
 True.
 False.

11. The "free ride" problem exists when a purchaser learns about a product through a premium dealer’s point-of-sale services and demonstrations but buys the product through a discounter.
 True.
 False.

12. There is now a consensus among antitrust scholars that the problem of free riding is properly resolved through resale price maintenance.
 True.
 False.

13. In the 1988 Business Electronics Corporation v. Sharp Electronics Corporation decision, the U.S. Supreme Court held that nonprice vertical restraints, though leading to higher consumer prices, may be legal so long as there is no actual agreement on price.
 True.
 False.

14. Among the benefits of online retailing is that it does not present a forum for free riding.
 True.
 False.

15. Prior to Leegin, vertical price-fixing agreements were illegal per se under Sections 1 and 2 of the Sherman Act.
 True.
 False.

16. Only in the Dr. Miles decision does the U.S. Supreme Court rely on the concept of restraints on alienation as a basis to prohibit minimum resale price agreements.
 True.
 False.

17. One of the arguments in favor of resale price maintenance is that it can prevent excessive competition among retailers that drives prices down to levels at which a profit is no longer obtained or is negligible.
 True.
 False.

18. It may always be necessary for certain luxury goods to be sold through retail establishments to retain brand perception and customer loyalty.
 True.
 False.

19. Vertically integrated manufacturers of consumer goods will usually take advantage, through lower prices, of efficiencies achieved at the retail level.
 True.
 False.

20. Economic consequences are not a valid basis on which to base antitrust decisions.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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