Forum
U.S. Supreme Court
Case Status
Docket Number
05-1126
Term
2006 Term
Oral Argument Date
November 27, 2006
Questions Presented
Whether a complaint states a claim under Section 1 of the Sherman Act, 15 U.S.C. § 1, if it alleges that the defendants engaged in parallel conduct and adds a bald assertion that the defendants were participants in a "conspiracy," without any allegations that, if later proved true, would establish the existence of a conspiracy under the applicable legal standard.
Case Updates
Supreme Court clarifies pleading of antitrust conspiracy
May 21, 2007
Agreeing with NCLC, the Supreme Court clarified that antitrust plaintiffs must have plausible grounds for believing a conspiracy exists beyond the fact of parallel conduct and rejected lower standards for allowing antitrust lawsuits to proceed through the judicial process. The high court rejected the Second Circuit's decision in the case.
U.S. Chamber files amicus brief
August 25, 2006
NCLC filed an amicus brief urging the Supreme Court to reject lower standards for allowing antitrust lawsuits to proceed through the judicial process. In the case, the Second Circuit overturned a district court’s dismissal of a complaint filed against four major telecommunication providers. The complaint alleged that the companies’ failure to compete in each other’s markets constituted a conspiracy sufficient to establish an agreement to restrain trade. NCLC pointed out in its brief that businesses are often engaged in parallel activities, and without having an evidentiary requirement to prove a conspiracy, any business might find itself unfairly targeted for antitrust allegations.
Cert. petition granted
June 26, 2006
U.S. Chamber urges Supreme Court to review pleading of antitrust conspiracy
April 06, 2006
Click here to view the Chamber's amicus brief in support of the petition for writ of certiorari.