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Enforcement Aspects of American Antitrust Law Prof. Joseph P. Bauer

Enforcement Aspects of American Antitrust Law Prof. Joseph P. Bauer

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Twombly -- Holding<br />

• Requirement for sufficient pleading <strong>of</strong> a § 1<br />

claim: “A complaint with enough factual matter<br />

(taken as true) to suggest that an agreement<br />

was made.”<br />

• Ultimate conclusion: “We do not require<br />

heightened fact pleading <strong>of</strong> specifics, but only<br />

enough facts to state a claim to relief that is<br />

plausible on its face. Because the plaintiffs have<br />

not nudged their claims across the line from<br />

conceivable to plausible, their complaint must be<br />

dismissed.”<br />

30

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