Responda las preguntas que se encuentran al final de cada caso o problema, de manera minuciosa y concisa. Debe escribir sus respuestas en oraciones completas.

1-1. Business Case Problem with Sample Answer Sexual Harassment. Jamel Blanton was a male employee at a Pizza Hut restaurant operated by Newton Associates, Inc., inSan Antonio, Texas. Blanton was subjected to sexual and racial harassment by the general manager, who was female. Newton had a clear, straightforward antidiscrimination policy and complaint procedure. The policy provided that in such a situation, an employee should complain to the harasser's supervisor. Blanton alerted a shift leader and an assistant manager about the harassment, but they were subordinate to the general manager and did not report the harassment to higher-level management. When Blanton finally complained to a manager with authority over the general manager, the employer investigated and fired the general manager within four days. Blantonfiled a suit in a federal district court against Newton, seeking to impose liability on the employer for the general manager's actions.

What is Newton's best defense? Discuss. [Blanton v. Newton Associates, Inc., 593 Fed.Appx. 389 (5th Cir. 2015)] (See Title VII of the Civil Rights Act.)

1-2. Unfair Labor Practices. Consolidated Stores is undergoing a unionization campaign. Prior to the union election, management states that the union is unnecessary to protect workers. Management also provides bonuses andwage increases to the workers during this period. The employees reject the union. Union organizers protest that the wage increases during the election campaign unfairly prejudiced the vote.

Should these wage increases be regarded as an unfair labor practice? Discuss. (See Unfair Labor Practices.)

1-3. Antitrust Laws. Allitron, Inc., and Donovan, Ltd., are interstate competitors selling similar appliances, principally in the states of Illinois, Indiana, Kentucky, and Ohio. Allitron and Donovan agree that Allitron will no longer sell in Indiana and Ohio and that Donovan will no longer sell in Illinois and Kentucky.

Have Allitron and Donovan violated any antitrust laws? If so, which law? Explain. (See Section 1 of the Sherman Act.)

1-4. Price Fixing. Together, EMI, Sony BMG Music Entertainment, Universal Music Group Recordings, Inc., and Warner Music Group Corporation produced, licensed, and distributed 80 percent of the digital music sold in the United States. The companies formed MusicNet to sell music to online services that sold the songs to consumers. MusicNet required all of the services to sell the songs at the same price and subject to the same restrictions. Digitization of musicbecame cheaper, but MusicNet did not change its prices.

Did MusicNet violate the antitrust laws? Explain. [Starr v. SonyBMG Music Entertainment, 592 F.3d 314 (2d Cir. 2010)] (See Section 1 of the Sherman Act.)

1-5. Business Case Problem with Sample Answer Price Discrimination. Dayton Superior Corporation sells its products in interstate commerce to several companies, including Spa Steel Products, Inc. The purchasers often compete directly with each other for customers. For three years, one of Spa Steel's customers purchased Dayton Superior's products from two of Spa Steel's competitors. According to the customer, Spa Steel's prices were always 10 to 15 percent higher for the same products. As a result, Spa Steel lost sales toat least that customer and perhaps others. Spa Steel wants to sue Dayton Superior for price discrimination.

Which requirements for such a claim under Section 2 of the ClaytonAct does Spa Steel satisfy? What additional facts will it need to prove? [Dayton Superior Corp. v. Spa Steel Products, Inc., 2012 WL 113663 (N.D.N.Y. 2012)] (See The Clayton Act.)

For a sample answer to Problem 1-5, go to Appendix C at the end of this text. 1-6. Section 1 of the end of this text.

1-6. Section 1 of the Sherman Act. The National Collegiate Athletic Association (NCAA) and the National Federation of State High School Associations (NFHS) set a new standard for non-wood baseball bats. Their goal was to ensure that aluminum and composite bats performed like wood bats in order to enhance player safety and reduce technology-drivenhome runs and other big hits. Marucci Sports, LLC, makes non-wood bats. Under the new standard, four of Marucci's eleven products were decertified for use in high school andcollegiate games. Marucci filed suit against the NCAA and the NFHS under Section 1 of the Sherman Act. At trial, Marucci's evidence focused on injury to its own business.

Did the NCAA and NFHS's standard restrain trade in violation ofthe Sherman Act? Explain. [Marucci Sports, LLC v. National Collegiate Athletic Association, 751 F.3d 368 (5th Cir. 2014)] (See Section 1 of the Sherman Act.)

1-7. Registration Requirements. Estrada Hermanos, Inc., a corporation incorporated and doing business in Florida, decides to sell $1 million worth of its common stock to thepublic. The stock will be sold only within the state of Florida. Jos Estrada, the chair of the board, says the offering need not be registered with the Securities and Exchange Commission.His brother, Gustavo, disagrees.

Who is right? Explain. (See The Securities Act of 1933.)

1-8. Insider Trading. David Gain was the chief executive officer (CEO) of Forest Media Corporation, which became interested in acquiring RS Communications, Inc. To initiatenegotiations, Gain met with RS's CEO, Gill Raz, on Friday, July 12. Two days later, Gain phoned his brother Mark, whobought 3,800 shares of RS stock on the following Monday. Mark discussed the deal with their father, Jordan, who bought 20,000 RS shares on Thursday. On July 25, the day before theRS bid was due, Gain phoned his parents' home, and Mark bought another 3,200 RS shares. The same routine was followed over the next few days, with Gain periodically phoning Mark or Jordan, both of whom continued to buy RS shares. Forest's bid was refused, but on August 5, RS announced itsmerger with another company. The price of RS stock rose 30 percent, increasing the value of Mark's and Jordan's shares by $664,024 and $412,875, respectively.

Did Gain engage in insider trading? What is required to impose sanctions for this offense? Could a court hold Gain liable? Why or why not?(See The Securities Exchange Act of 1934.)