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No Heightened Pleading Standard for Antitrust Plaintiffs
After Twombly, lower court cases like Evergreen Partnering Group clarify antitrust has no probability or other heightened pleading standard.
August 16, 2013
Law360, New York (August 16, 2013, 11:57 AM ET) ‐‐ In Bell Atlantic Corporation v. Twombly, the U.S. Supreme Court held that factual allegations in a complaint must suggest that the plaintiff has a plausible — as opposed to merely a conceivable — claim for relief. The court also cautioned that requiring plausible grounds to infer an antitrust agreement does not impose a probability requirement at the pleading stage.
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The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
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