Question
. Competing CB radio manufacturers join together and form a CB radio manufacturers trade association. After nearly fifteen years of declining sales due to cellphone
. Competing CB radio manufacturers join together and form a CB radio manufacturers trade association. After nearly fifteen years of declining sales due to cellphone competition and evaporating demand, the trade association suggests that each member of the association agree to produce no more than 75% of the CB radios they produced in the preceding year. CB radios are sold in a global market and although the United States currently makes up less than 10% of the total sales the 75% production limit includes CB radios sold in the U.S. market. No mention is made of the price for the CB radios and each company is free to charge what it independently determines is the best price. The members agree to follow the suggestion even though analysis of the market shows that even if each company adheres to the 75% limitation there will be a large global over-production of CB radios. The members feel that the plan spreads the pain of a dying industry fairly among the various participants. Assuming that these facts are true, which of the following is most correct?
A)The CB radio manufacturers and their trade association are guilty of a per se violation of the Sherman Act.
B)The CB radio manufacturers will be able to escape antitrust liability because their agreement has no actual effect on competition in the United States.
C)The CB radio manufacturers will be able to escape antitrust liability because each company independently determines the price.
D)The CB radio manufacturers will be able to escape antitrust liability if they can show in a rule of reason case that their plan is the fairest way to allocate production in a dying industry.
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