San Diego Law Review

Library of Congress Authority File


Document Type



This Comment examines the Supreme Court's recent decision in Copperweld Corp. v. Independence Tube Co., in which the Court ruled that a parent and wholly owned subsidiary were a single entity and were, therefore, incapable of violating section 1 of the Sherman Act, which proscribes joint activity between independent business entities that restrains trade. The author examines the intra-enterprise conspiracy doctrine, examines the various approaches used by the various circuits to determine when affiliated corporations should be considered a single entity, and evaluates two possible alternatives to these tests. The author concludes by proposing a new approach, which would seek to provide a meaningful alternative to the tests currently used by the circuits.