Section I of this Note analyzes the cases in which the Commission and the Court of Justice have implied a doctrine of economic unity and argues that this economic unity exemption to the prohibitions of article 85 may indeed be a limited one. Section II sets forth the theoretical and practical difficulties that such a limited economic unity doctrine entails. Finally, section III presents an alternative analysis for determining when article 85 of the Treaty of Rome sould apply to practices between related firms.
Sarah M. Ward,
The Economic Unity Doctrine in the EEC: A Limited Exemption to Article 85 of the Treaty of Rome,
9 Fordham Int'l L.J. 373
Available at: http://ir.lawnet.fordham.edu/ilj/vol9/iss2/6