Twombly Affects All Elements Of Antitrust Claims

How Supreme Court’s Twombly “plausibility” ruling has started to reshape the standard for pleading nonconspiracy elements of antitrust claim.

February 14, 2014

Law360, New York (February 14, 2014, 12:44 PM ET) ‐‐ Seven years ago in Bell Atlantic Co. v. Twombly, the U.S. Supreme Court injected a “plausibility” standard into Rule 12(b)(6) practice and held that a plausible antitrust conspiracy claim must be based on more than just parallel conduct by the alleged conspirators.

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Stephen P. Safranski


Co-Chair, Antitrust and Trade Regulation Group

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