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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