DECISION ORDER
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the defendants.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501[a][1]).
We agree with the Supreme Court's determination that the "filed tariff" doctrine and the doctrine of primary jurisdiction bar judicial review at this juncture of the plaintiff's claims challenging the defendants' actions under a tariff filed and approved by the Public Service Commission ( see Brownsville Baptist Church v. Consolidated Edison Co. of N.Y., 272 A.D.2d 358, 359; Porr v. NYNEX Corp., 230 A.D.2d 564, 576-577).
Moreover, the Supreme Court correctly concluded that the plaintiff failed to state a cause of action under the Donnelly Act ( see General Business Law § 340). The defendants are a parent corporation and several of its wholly-owned subsidiaries. A parent corporation and its wholly-owned subsidiaries are considered a single entity under antitrust principles and, therefore, cannot engage in anticompetitive acts ( see Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752, 769-771; Barnem Circular Distrib. v. Distribution Sys. of Am., 281 A.D.2d 576, 577; Matter of Kick v. Regan, 110 A.D.2d 934, 936). Similarly, sister subsidiary corporations which are wholly-owned by the same parent corporation are legally incapable of conspiring with each other ( see Gucci v. Gucci Shops, 651 F. Supp. 194, 196-197; see also Advanced Health Care Servs. v. Radford Community Hosp., 910 F.2d 139, 145; Directory Sales Mgt. Corp. v. Ohio Bell Tel. Co., 833 F.2d 606, 611; Hood v. Tenneco Texas Life Ins. Co., 739 F.2d 1012, 1015; Century Oil Tool v. Production Specialities, 737 F.2d 1316, 1317).
The plaintiff's remaining contentions are without merit.
GOLDSTEIN, J.P., ADAMS, TOWNES and CRANE, JJ., concur.