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Authors

Ellen M. Gregg

Abstract

The purpose of this Note is to examine the effects of the Copperweld holding on antitrust regulation and enforcement. The Note traces the development of the intraenterprise conspiracy doctrine and assesses its impact on past antitrust actions. It also addresses the question of whether the repudiation of the intraenterprise conspiracy doctrine will weaken antitrust enforcement in the corporate arena. The Copperweld Court concludes that its decision will not cripple antitrust enforcement due to the existence of other policing measures. The Note will suggest, however, that in the Copperweld decision, the majority displayed an alarming willingness to elevate form over substance by ignoring the effects of the anticompetitive conduct. Liability for manifestly anticompetitive conduct should not depend wholly on the corporate form of the defendant. The intraenterprise conspiracy doctrine has a valid place in the realm of antitrust enforcement and its repudiation was unnecessarily premature.

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