California Appellate Tracker

Arandell Corp. v. Centerpoint Energy Services, Inc.

September 3, 2018

Although corporations are immune from antitrust liability for conspiracy when their alleged co-conspirator has substantially common ownership, this immunity does not apply when wholly unrelated corporations are alleged to be part of the conspiracy.

The Copperweld doctrine treats separate corporations that are subject to substantially common ownership and function as an economic unit as a single entity that cannot form an intra-enterprise combination or conspiracy that violates the antitrust laws. Here, however, the plaintiffs alleged that a corporation and its subsidiary corporation formed a conspiracy with wholly unrelated corporations. In that context, the Copperweld doctrine affords neither the corporation nor its subsidiary any immunity from antitrust liability.

Ninth Circuit Court of Appeals (Bea, J.); August 6, 2018; 2018 U.S. App. LEXIS 21699

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Arandell Corp. v. Centerpoint Energy Services, Inc.

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