Supreme Court Clarifies Pleading Standards for Antitrust and Other Claims
May 22, 2007
The Antitrust and Competition Practice Group has prepared a client advisory titled "Supreme Court Clarifies Pleading Standards for Antitrust and Other Claims." It addresses the Supreme Court's opinion in Bell Atlantic Corp. v. Twombly, which tightens the standards for pleading an agreement or conspiracy under section 1 of the Sherman Act. The advisory explains how the opinion will have ramifications as to the pleading of other commercial claims as well. The Court essentially put to rest the oft-cited language from its 1957 opinion in Conley v. Gibson that a complaint should not be dismissed "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief."