United States Second Circuit

In an antitrust action alleging a conspiracy by major record labels to fix the prices and terms under which their music would be sold over the Internet, dismissal of the complaint is reversed where: 1) plaintiffs' allegations were not required to exclude independent self-interested conduct as an explanation for defendants' parallel behavior; and 2) plaintiffs were not required to mention a specific time, place or person involved in each conspiracy allegation.

Appellate Information

• Decided 01/13/2010
• Published 01/13/2010

Judges

• KATZMANN, Circuit Judge:, Before: NEWMAN, WALKER, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary S. Jacobson (Christopher Lovell, Imtiaz A. Siddiqui, of counsel), Lovell Stewart Halebian LLP, New York, NY; John Stoia and Bonny Sweeney, of counsel, Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA, for Plaintiffs-Appellants.


• For Appellees:
  
• Kenneth R. Logan (Helena Almeida, of counsel), Simpson Thacher & Bartlett LLP, New York, NY; Alan M. Wiseman, Mark C. Schechter, and Thomas A. Isaacson, of counsel, Howrey LLP, Washington, DC; Peter T. Barbur and Rachel G. Skaistis, of counsel, Cravath, Swaine & Moore LLP, New York, NY, for Defendants-Appellees.