- Collection:
- LLM Theses and Essays
- Title:
- The Intra-enterprise Conspiracy Doctrine as Applied to Affiliated Corporations under Section 1 of the Sherman Act
- Creator:
- Menz, Michael B
- Date of Original:
- 2002-07-02
- Subject:
- Law--Study and teaching
University of Georgia. School of Law
Dissertations, Academic - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- articles
- Type:
- Text
- Format:
- application/pdf
- Description:
- affiliated corporations -- Sherman Act
The thesis revisits antitrust law’s intra-enterprise conspiracy doctrine in the context of affiliated corporations. After an analysis of the doctrine, its tension with the inevitable cooperation in a corporate group, and the reasons for its rejection in a limited setting by the Supreme Court, the paper goes on to explore the groundings for a broader solution. It clarifies how far the lower courts have extended the Supreme Court’s rationale and suggests a consistent standard as to when corporate groups form a single economic unit for purposes of section 1 of the Sherman Act. According to this standard, courts should assess on a case-by-case basis whether a parent corporation can control its subsidiary. There should be a rebuttable presumption for the existence of such potential control when the parent owns a majority of the subsidiary’s voting and common stock. To the contrary, when a parent owns less than a majority the rebuttable presumption should be that the corporations have conspiratorial capacity for antitrust purposes. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/34
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
