Intra-Enterprise Conspiracy Under Section 1 of the Sherman Act: A Suggested Standard

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Section I of this Note analyzes the cases in which the Supreme Court has implied a doctrine of intra-enterprise conspiracy. Section II then sets forth the theoretical and practical difficulties that such a doctrine entails. Section III, in turn, considers previous proposals for limiting the scope of the intra-enterprise conspiracy doctrine and examines their deficiencies. Finally, section IV presents an alternative analysis of the intra-enterprise conspiracy issue and proposes a standard for determining when application of section 1 of the Sherman Act to parent-subsidiary relations is inappropriate.

Recommended Citation

Michigan Law Review, Intra-Enterprise Conspiracy Under Section 1 of the Sherman Act: A Suggested Standard, 75 Mich. L. Rev. 717 (1977).
Available at: https://repository.law.umich.edu/mlr/vol75/iss4/4