Spanish Broadcasting (SB) claimed that larger radio company Hispanic Broadcasting (HB) worked with its part owner, Clear Channel, the largest radio network in the U.S. to limit its ability to compete in the market by hiring away SB employees and making it difficult for SB to enter the Spanish-language radio market in new cities. SB sued HB and Clear for monopolization. The court found that:
a. Clear and HB could not be proven to have conspired together, so although SB appeared to suffer damage, it could not prove intent to monopolize
b. SB demonstrated that its losses were likely due to a conspiracy by HB and Clear to reduce its competitive ability, so it may be awarded treble damages for its losses
c. SB provided adequate evidence that its share of the Spanish-language radio market was injured by predatory behavior, so its claim against HB and Clear could proceed
d. HB and Clear controlled more than 25 percent of the radio market, thereby violating the Justice Department limit on market share control; Clear would have to sell its share of HB
e. none of the other choices
Question 2
Employers who do 50,000 or more of business with the federal government are required to study their workforce to determine if the mix of employees in job categories by sex and by race are reflective of the relevant hiring pools the employers draw from. This is called:
a. voluntary affirmative action program b. an underutilization analysis
c. a mandatory affirmative action program d. a remediation analysis
e. a bona fide workforce analysis
Morris and Company, Sussex Rush-Seated Chairs.
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