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. 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...
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