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