Early Antitrust Dismissals Pile Up Post-Twombly

Law360, New York (March 17, 2009, 12:00 AM EDT) -- In the wake of the U.S. Supreme Court's 2007 ruling in Bell Atlantic Corp. v. Twombly, which created heightened pleading standards for antitrust actions, courts are significantly more likely to dismiss an antitrust case at an early stage, according to a new study.

The analysis by law firm Shearman & Sterling LLP examined approximately 90 antitrust cases that applied the pleading standards set forth in the high court decision and found that federal courts dismissed federal antitrust actions almost at a ratio of 2:1 in the...
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