Problem 1: Describe the four possible functions of an administrative agency.
Problem 2: What are the two issues that must be considered by courts to determine whether a person has standing to challenge an agency's decision?
Problem 3: You are chief executive officer of a toy manufacturing firm. Your firm has been inspected by officials at OSHA, the federal Occupational Safety and Health Administration, for alleged violations of workplace safety regulations. The evidence presented to the agency was confusing and conflicting. You feel strongly that the company should not be penalized. Nevertheless, your firm has been ordered to pay a substantial fine, and an administrative law judge ordered you to make some very expensive modifications in its manufacturing processes.
Should you continue to seek a review of your case before the agency's officials?
Should you appeal by filing a lawsuit to reverse the agency's decision?
If you are successful in court, under what circumstances can you recover your attorney's fees?
Problem 4:
(a) Why is it important for courts to use the rule of reason analysis when considering actions allegedly in violation of the Sherman Act?
(b) What is the significance of the per se analysis for potential antitrust violations?
Problem 5: Assume that all manufacturers of computer chips entered into an agreement whereby each agreed to exchange information as to the most recent price charged or quoted to a consumer. Is this agreement a violation of the Sherman Act? Why or why not?