The Second Circuit today upheld dismissal of antitrust claims against elevator manufacturers.  Applying the pleading standard in Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007), to the pre-Twombly order, the court found allegations of agreements to limit competition at indefinite times and places, parallel conduct, and anticompetitive behavior in Europe insufficient to make an inference of an anticompetitive conspiracy "plausible" under section 1 of the Sherman Act.  The court also rejected the monopolization count under section 2, noting the plaintiffs’ failure to show the defendants abruptly departed from a more competition-friendly course of dealing.  In re Elevator Antitrust Litig., No. 06-3128 (2d Cir. Sept. 4, 2007).

Barry Barnett

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