LAWS310 Discussions Week 4


LAWS310 Discussions Week 4
The Sherman Antitrust Act and the Clayton Act both work together to eliminate…

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LAWS310 Discussions Week 4

LAWS310 Discussions Week 4

Discussions Week 4 All Students Posts 72 Pages DeVry

Securities and Exchanges Act – 35 Pages 

What was the purpose of the Securities and Exchanges Act of 1933 and do its provisions actually protect investors? Why or why not?  Are there sufficient safeguards in the law to ensure the veracity of the information companies provide in the prospectus?

Not all offerings of securities must be registered with the Commission. Some exemptions from the registration requirement include:

  • private offerings to a limited number of persons or institutions;
  • offerings of limited size;
  • intrastate offerings; and
  • securities of municipal, state, and federal governments.

By exempting many small offerings from the registration process, the SEC seeks to foster capital formation by lowering the cost of offering securities to the public. Is the CGC transaction a private offering or would it be considered a limited size…?

“Offering” registrations are used to register securities before they are offered to investors. The registration of a security, a preliminary prospectus contains preliminary information that will be in the final prospectus. Included in registration statements are:

  • Description of Securities to be Registered
  • Use of Proceeds
  • Risk Factors
  • Determination of Offering Price
  • Potential Dilution
  • Selling Security Holders
  • Plan of Distribution
  • Interests of Named Experts and Counsel
  • Information with Respect to the Registrant (description of business, legal proceedings, market price and dividends on common equity, financial statements, Management Discussion and Analysis, changes in and disagreements with accountants, directors and executive officers, security ownership of certain beneficial owners and management and certain relationships and related transactions).

Does this affect your answer?  Why or why not….?

Antitrust Laws – 37 Pages 

Antitrust laws were enacted at a time when it seems that a handful of powerful men controlled commerce. Are they still relevant? Do you see any examples of monopolistic business practices today?  Why is government approval required when two large companies propose a merger?

Can government even come close to regulating anticompetitive practices in a digital age? Thoughts? However, in the spirit of debate… is there an example where a merger and/or acquisition actually treated the consumer well?

The Sherman Antitrust Act and the Clayton Act both work together to eliminate antitrust activity in the United States. Why do we need both Acts? What is the difference between the two?  Have the Sherman Anti-Trust Act and the Clayton Act been failures?
We know what the Sherman and Clayton Acts do and we know the government has used them. In fact, the government spent millions of dollars breaking up the monopoly AT&T had on telecommunications in the 70s. What happened to the Baby Bells? And, what about AT&T? Was this an exercise in futility or do government officials think the consumer public is stupid?…