Fact Pattern 39-1

question 67

Multiple Choice

Fact Pattern 39-1
Cardio, Inc., makes and sells Drawdown, the most prescribed name-brand heart medication. Emitate Corporation has the potential to make a generic version of the same drug.
-Refer to Fact Pattern 39-1. A court would most likely rule that the agree?ment between Cardio and Emitate is

• A) a deal that neither restrains trade or harms competition.
• B) a legal restraint of trade.
• C) a per se violation of the Sherman Act.
• D) subject to analysis under the rule of reason.

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Definitions:

Produce

Refers to agricultural products and other raw goods that are grown or harvested.

Bushel

A unit of volume that is used in the United States for measuring agricultural commodities, such as grains and fruits.

Corn

A large grain plant whose kernels are used as a staple food, feed for livestock, and raw material in industry.

Specialization

The process of concentrating on and becoming expert in a particular subject or skill.