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Home 9 Publication 9 Antitrust and Franchising: Conspiracies Between Franchisors and Franchisees Under Section 1

Antitrust and Franchising: Conspiracies Between Franchisors and Franchisees Under Section 1

August 15, 2003

Reprinted with permission from the Franchise Law Journal (American Bar Association), Volume 23, Number 1, Summer 2003

Erika L. Amarante

A 1993 article in this Journal reported, without fanfare, a federal district court ‘s holding that a “franchisor and franchisee were legally incapable of conspiring” in restraint of trade.1 Since that time, two other district courts and two courts of appeals have echoed that decision.2

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Erika L. Amarante

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