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.
Thomas W. McNamara,
Defining a Single Entity for Purposes of Section 1 of the Sherman Act Post Copperweld: A Suggested Approach,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol22/iss5/12