Antitrust Pleading Standards After Twombly

Law360, New York (June 14, 2007, 12:00 AM EDT) -- In antitrust, the Supreme Court is on a roll. After giving scant attention to antitrust cases over the last two decades, the Supreme Court has now issued five substantive antitrust decisions in the last 17 months—one of the most intense periods of antitrust activity in the Court's history.

The trend of these decisions is clear: Without exception, each has made it tougher on antitrust plaintiffs in some way. The aggregate net effect on future antitrust litigation may well be quite significant.

The most recent decision, Bell...
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