Bell Atlantic Corp. v. Twombly: Raising the Bar for Pleadings by Antitrust Plaintiffs
This memorandum addresses the U.S. Supreme Court's decision in Bell Atlantic Corp. v. Twombly. There the Court raised the bar for pleading antitrust conspiracy claims. It held that allegations of parallel conduct are not sufficient to sustain an antitrust conspiracy claim; plaintiffs must allege facts to place the parallel conduct "in a context that raises a suggestion of a preceding agreement, not merely parallel conduct that could just as well be independent action." This memorandum addresses the Court's opinion and the new standard it sets for pleading antitrust conspiracy claims.