Exorcising Specter Of Aguilar With Spirit Of Twombly

Law360, New York (February 4, 2010, 1:32 PM EST) -- The Ninth Circuit recently affirmed the dismissal of claims based on the aggregation of petroleum exchange agreements to show alleged "cumulative anti-competitive effects." Gilley Enterprises v. Atlantic Richfield Company, No. 06-056059 (9th Cir. Dec. 2, 2009)."

Plaintiff Gilley filed a class action in 1998 on behalf of himself and a class of wholesale purchasers of CARB (California Air Resources Board) gasoline in California. CARB gasoline is a cleaner-burning fuel, the only formulation of which may be sold in California.

The complaint alleged that the defendant major...
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