Tuesday, May 22, 2007
Twombly Anti-Trust Ends
"The United States Supreme Court today dismissed an antitrust case filed by class-action plaintiffs William Twombly and Lawrence Marcus against Bell Atlantic Corp." [source] The Supremes overturned the decision for the suit to move to discovery because the plaintiffs did not have any solid proof. The suit was based on the fact that there is no competition and that the RBOC's (who were required by merger agreements) to compete against each other, never did. The fact that they seemed to act in concert is not enough to move to discovery. Fred Goldstein of Ionary.com sums it up as: " The key issue seems to be whether parallel conduct *per se* constitutes sufficient grounds to advance a case to the discovery stage, wherein the plaintiffs get to "go fishing" for evidence. The majority opinion wants at least some concrete evidence first, to move the case from merely "plausible" (not impossible) to "credible" (worth the court's time). "