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Bloomingdale’s, a department store that traditionally has sold a broad range of clothing including men’s and women’s dresswear, casual clothing, shoes, outerwear, and sports clothing, has agreed to acquire Nordstrom, a department store offering a similar mix of merchandise.  The FTC believes the relevant product market should be defined as the sale of merchandise in department stores.  Bloomingdale’s and Nordstrom argue the relevant product market should be broader and include outlet stores and specialty retail stores that sell particular types of clothing such as shoes or athletic wear.  Which of the following statements, if true, BEST supports the FTC’s conclusion that department stores constitute a distinct relevant market?  

How did Maricopa limit the scope of rebuttal arguments concerning the alleged unreasonableness of horizontal restraints?  

Same facts as the previous problem.  However, now assume that Firm A and Firm B proposed to merge and form Firm AB, rather than entering into a contractual agreement.  The post-merger firm, Firm AB, makes the same arguments about post-merger efficiencies – that is, that the post-merger distribution costs will be reduced and subsequently passed on to consumers.  The plaintiff argues that again, while the cost reductions are likely in fact, any such reduction is not cognizable as a matter of relevant antitrust law.  What is the best authority for the plaintiff’s proposition?  

Which of the following cases is the BEST authority for the proposition that after a plaintiff has successfully made out its prima facie case under Clayton Act Section 7, a defendant may dispel its rebuttal burden of production with any evidence that the merger is not likely to substantially lessen competition?  

Which of the following is the MOST accurate statement about the properties of GUPPI analysis?

Firm A and Firm B are rivals who produce fancy and expensive big screen televisions.  Firm A and Firm B compete vigorously on many dimensions: price, quality, and service.  Firm A and Firm B enter into an agreement to jointly produce and distribute a co-branded television set.  Firm A argues that its horizontal agreement with Firm B is lawful because the agreement created efficiencies by decreasing costs that both Firms were contractually required to pass through to consumers.  Specifically, Firms A and B argue that the horizontal agreement reduces its distribution costs. The fact finder found that the exact same efficiencies could have been obtained without the horizontal agreement, or through a less restrictive agreement.  Which case best stands for the proposition that Firm A’s efficiency justification is pretextual and thus is not credited in a Section 1 analysis?  

The ____uses a portal system to release hormones into circulation. The general path of blood flow in a portal system is

Given an HP-C = 35mm Hg, OP-C = 50mm Hg, HP-IF = 10mm Hg, OP-IF = 1mm Hg, what is the net effect (say: reabsorption or filtration in your answer! show your math)

Pulse pressure is defined as

Which of the following statements best characterizes the following proposition: an antitrust plaintiff that satisfies its prima facie burden is highly likely to ultimately prevail on the merits?