No Heightened Pleading Standard For Antitrust Plaintiffs
August 16, 2013, 11:57 AM EDT
Law360, New York (August 16, 2013, 11:57 AM EDT) -- In Bell Atlantic Corporation v. Twombly, the U.S. Supreme Court held that factual allegations in a complaint must suggest that the plaintiff has a plausible — as opposed to merely a conceivable — claim for relief. The court also cautioned that requiring plausible grounds to infer an antitrust agreement does not impose a probability requirement at the pleading stage.
After Twombly, some lower courts relied on high standards developed at the summary judgment and trial stage when interpreting what constitutes plausible allegations of anti-competitive conduct. But...