The US Court of Appeals for the 11th Circuit affirms dismissal of price-fixing conspiracy claims in the mattress manufacturing industry for not meeting Twombly pleading requirements (Jacobs, Tempur-Pedic)

Consumers’ Price Fixing Claims Against Mattress Maker Did Not Meet Twombly Pleading Requirements* A decision from a divided U.S. Court of Appeals in Atlanta earlier this month continues the debate over the appropriate pleading standard for antitrust plaintiffs under Bell Atlantic Corp. v. Twombly (2007) 550 U.S. 544. The appellate court held that consumers failed to support their resale price fixing and horizontal price fixing claims against the manufacturer of visco-elastic Tempur-Pedic foam mattresses. The majority affirmed judgment for the defendants, dismissing the plaintiffs’ complaint with prejudice (2008-1 Trade Cases ¶76,005). According to a dissent, “While Twombly was a sea change in the standards governing pleading in federal court, the majority goes

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US Court of Appeals for the 11th Circuit affirms dismissal of price-fixing conspiracy claims in the mattress manufacturing industry for not meeting Twombly pleading requirements (Jacobs, Tempur-Pedic), 2 December 2010, e-Competitions December 2010, Art. N° 35934

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