Vanderbilt Law Review


D. J. Simonetti

First Page



This Note will examine the problem posed by conscious parallelism from an economic and legal perspective, review the current proposals of Professors Donald F. Turner and Richard A. Posner, the two leading commentators on the subject, and suggest an alternative method of dealing with conscious parallelism... Specifically, this Note proposes that the extended Alcoa doctrine be implemented under section 2 by providing that the existence of conscious parallelism among the largest firms in a highly concentrated industry shall constitute prima facie evidence of a conspiracy to monopolize. Conspiracy to monopolize under section is distinguishable from and independent of conspiracy to restrain trade, which traditionally has been employed to regulate consciously parallel activity. Although the traditional view differentiates between section 1 and section 2 on the basis of the number of firms involved," the two sections also may be distinguished on the basis of what they regulate.