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Certain members of the New England Railway Construction Association decided that something must be done about disastrous competition, which, when coupled with the depressed status

Certain members of the New England Railway Construction Association decided that something must be done about disastrous competition, which, when coupled with the depressed status of the industry and the lack of growth of railroads in New England, was causing financial ruin for many association members. They met privately after one of the association meetings and decided to allocate construction projects among themselves based upon a historical share of the market. Under the arrangement, a certain designated company would submit the low bid, thereby assuring that the company would obtain the job. Such an arrangement is best characterized as:

A)illegal per se, and a criminal violation of the antitrust law.

B)illegal under the rule of reason, but not a criminal violation of the antitrust law.

C)legally justifiable due to the economic conditions in the marketplace.

D)legal under antitrust law since it does not fix prices.

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