United States Supreme Court
Bell Atlantic Corp. v. Twombly, 05-1126
Stating a claim under section 1 of the Sherman Act requires a complaint with enough factual matter (taken as true) to suggest that an agreement was made. An allegation of parallel conduct and a bare assertion of conspiracy will not suffice. Under such plausibility standard, plaintiffs' putative class action at hand should be dismissed as it alleged only that major telecommunications providers engaged in certain parallel conduct unfavorable to competition, and did not make any independent allegation of actual agreement among the Incumbent Local Exchange Carriers for purposes of a conspiracy in restraint of trade.
Appellate Information
- Decided 05/21/2007
- Published 05/21/2007
Judges
Court
- United States Supreme Court