If There, Then Here: How Gov't Probes Help Antitrust Plaintiffs

By William Reiss and Dave Rochelson (March 18, 2019, 5:18 PM EDT) -- Alas, price-fixers have gotten good at covering their tracks. With few exceptions, direct evidence of a conspiracy is likely to be in the exclusive possession of the conspirators.[1] What is a private plaintiff to do where all the telltale signs point to an unlawful conspiracy to fix prices, but the "smoking gun" has yet to be uncovered?

Fear not: An antitrust conspiracy can be plausibly alleged and ultimately proven by circumstantial evidence of an agreement. In order to allege a plausible conspiracy based on circumstantial evidence, a plaintiff must allege facts demonstrating parallel conduct as well as a nonexhaustive series of...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!