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Starr v. SONY BMG Music Entertainment: The Second Circuit's Misapplication of Twombly in a Section 1 Sherman Act Conspiracy Case Alleging Parallel Conduct

03.30.10
In this article published in The CPI Antitrust Journal, Kenneth R. Logan and Jonathan K. Youngwood discuss that, in Starr v. SONY BMG Music Entertainment, a panel of the United States Court of Appeals of the Second Circuit reversed the October 9, 2008 opinion and order of the Honorable Loretta A. Preska.  The panel found that the amended complaint attempts to allege a Section 1 Sherman Act conspiracy claim was based on no more than conclusory descriptions of parallel conduct among defendants.  Devin Ryan contributed significantly to the drafting of this article.