The Second Circuit did a brave thing today. It tossed dismissal of a price-fixing complaint that centered on "parallel" conduct — the very thing the Supremes disparaged as a basis for stating a section 1 Sherman Act claim in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007).
The case involved allegations that major
Blawgletter wishes you a happy new year. Now back to work!
The Eighth Circuit ended its 2009 with a ruling in an antitrust case. The decision turned on market definition — a key battle in cases that don't involve per se unlawful things like cartels that fix prices, restrict output, or allocate customers or territories. (Market
A man and his lawyer stand outside a building that looks like a courthouse:
Client: What's wrong? Why aren't we in court anymore?
Lawyer: I just got Twombleyed in the Iqbals.
David E. Mills, Courtoons, Oct. 23, 2009.
