The US Court of Appeals for the 7th Circuit upholds the plausibility of a claim for alleged conspiracy in the telecommunications sector under the Twombly standard (Text messaging antitrust litigation)

Conspiracy to Fix Prices for Text Messaging Services Plausible* Antitrust plaintiffs asserting price fixing claims do not need a “smoking gun” to avoid dismissal of their complaint and proceed to discovery. Yesterday, the U.S. Court of Appeals in Chicago decided that consumers plausibly alleged a conspiracy among the nation’s leading wireless service providers to fix the price of text messaging services in violation of federal antitrust law. The complaint alleged a conspiracy based on parallel behavior with sufficient plausibility to satisfy the pleading standard of Bell Atlantic Corp. v. Twombly (2007) 550 U.S. 544. The appellate court, in an opinion authored by Judge

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US Court of Appeals for the 7th Circuit upholds the plausibility of a claim for alleged conspiracy in the telecommunications sector under the Twombly standard (Text messaging antitrust litigation), 29 December 2010, e-Competitions December 2010, Art. N° 35933

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