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Bell Atlantic v. Twombly

30 July 2007

The National Law Journal
It has long been established that a plaintiff seeking to prove the existence of a collusive agreement violating § 1 of the Sherman Act must provide evidence of more than just parallel conduct by the defendants. Absent actual evidence of certain "plus factors" that tend to exclude the possibility that each company engaged in the challenged conduct based on unilateral decision-making, defendants are entitled to summary judgment.


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