San Diego Law Review
Article Title
Document Type
Comments
Abstract
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.
Recommended Citation
Thomas W. McNamara,
Defining a Single Entity for Purposes of Section 1 of the Sherman Act Post Copperweld: A Suggested Approach,
22
San Diego L. Rev.
1245
(1985).
Available at:
https://digital.sandiego.edu/sdlr/vol22/iss5/12