Ellen M. Gregg


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.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.