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Intra-enterprise conspiracy doctrine

Contents

Place in the Framework

The intra-enterprise conspiracy doctrine asks whether related entities count as separate actors capable of conspiring under Section 1.

Core Questions

  • Are the entities separate economic actors pursuing separate economic interests?
  • Does common ownership or control make the challenged coordination unilateral?
  • How does the doctrine treat parents, subsidiaries, affiliates, officers, employees, and agents?

Working Notes

Add case rules and examples here for determining when internal coordination is legally incapable of satisfying Section 1's concerted-action requirement.