Show simple item record

dc.contributor.authorMenz, Michael Bernd
dc.description.abstractThe 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.
dc.languageThe intra-enterprise conspiracy doctrine as applied to affiliated corporations under section 1 of the Sherman Act
dc.subjectAntitrust Law
dc.subjectSherman Act section 1
dc.subjectIntra-enterprise conspiracy doctrine
dc.subjectCapacity to conspire
dc.subjectAffiliated corporations
dc.subjectCorporate groups
dc.subjectParent corporation
dc.subjectSingle economic unit
dc.subjectPotential Control
dc.subjectUnity of interest
dc.titleThe intra-enterprise conspiracy doctrine as applied to affiliated corporations under section 1 of the Sherman Act
dc.description.advisorJames F. Ponsoldt
dc.description.committeeJames F. Ponsoldt
dc.description.committeeFredrick W. Huszagh

Files in this item


There are no files associated with this item.

This item appears in the following Collection(s)

Show simple item record