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When Does a Joint Venture Act as a Single Economic Entity?

BY | January 12, 2011

Gregory Werden, Jan 07, 2011 The “Sherman Act contains a ‘basic distinction between concerted and independent action.’”  The concerted action of several competing firms could be unlawful under Section 1…

Gregory Werden, Jan 07, 2011

The “Sherman Act contains a ‘basic distinction between concerted and independent action.’”  The concerted action of several competing firms could be unlawful under Section 1 of the Act, perhaps even unlawful per se, when the same action, if independently taken by a single firm, undoubtedly would be lawful under Section 2 of the Act. Hence, a joint venture and its participants defending a Section 1 claim are apt to assert the absence of the p

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