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Wed, 31 December 1969.
A Year Removed from Landmark Antitrust Ruling, Are New Rules for Sherman Act Claims Really Working?
Nearly one year has passed since the U.S. Supreme Court issued its decision in United States v. Twombly, limiting plaintiffs' ability to bring speculative antitrust claims than at lead to expensive discovery and ultimately, antitrust litigation, by announcing a new pleading threshold for claims under Section 1 of the Sherman Act. "At the time of the decision, many speculated that the Court's decision would provide antitrust defendants with an important tool with which to secure the dismissal of frivolous antitrust claims," notes Matthew Freimuth, an attorney in the Global Competition Practice Group at Hunton & Williams LLP (New York). "Whether this has actually come to fruition in the last year is something that must be more closely examined." Mr. Freimuth is available to write an article which reviews several of the key decisions relying on Twombly from the past year and assesses the early impact of the Supreme Court's decision. The article will consider, from a practical perspective, whether the Twombly decision has indeed resulted in rulings favorable to defendants' efforts to dismiss Section 1 claims. [02/14/2008] Channel: Jaffe Legal News Service - Articles for Publication |
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