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Sister Company Liability for Antitrust Conspiracies: Open Questions in Reconciling Copperweld and Twombly

Jonathan Justl & Carol Liu, ABA Antitrust Section, Civil Practice & Procedure Committee, Young Lawyers Advisory Panel’s Perspectives in Antitrust Newsletter, November 2017

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This Article discusses general principles of corporate liability under Copperweld, which form a backdrop to “single enterprise” theories asserted by some plaintiffs. The Article then summarizes examples of two divergent lines of authority weighing in different directions on whether a sister company can be held liable for an affiliate’s conduct. It concludes by identifying a number of open questions that might arise in litigation over a sister company’s liability for an affiliate’s actions in a Sherman Act conspiracy.

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