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Important U.S. Judgment on Class Actions

30 May 2007

Les Echos

In May 2007, in the Bell Atlantic vs Twombly case, the Court tightened the pleading requirements for stating an antitrust claim. The Court held that it is not sufficient to allege parallel conduct between companies for an antitrust lawsuit to proceed, but instead that a plaintiff must present enough factual matter to suggest an agreement. The decision will make it easier to dismiss antitrust claims, which some businesses contend they have been forced to settle rather than proceed with extensive and burdensome discovery requests.

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