A US Federal Court reinforces that the Twombly “facial plausibility” standard serves as strong basis for dismissal in a price-fixing class action (LaFlamme / Société Air France)

On April 5, 2010, Judge Kiyo A. Matsumoto of the U.S. District Court for the Eastern District of New York issued a Memorandum and Order dismissing the plaintiffs’ putative antitrust class-action complaint against KLM Royal Dutch Airlines and others for failing to state a claim. [1] The plaintiffs alleged in the complaint, which they had amended on two prior occasions, that five air carriers fixed prices for passenger service on various transatlantic routes between the United States and Europe between 2004 and 2006 in violation of Section 1 of the Sherman Act. Judge Matsumoto granted the defendant air carriers’ motion to dismiss the complaint on Fed. R. Civ. P. 12(b)(6) grounds, with prejudice and without leave to replead. Judge Matsumoto’s decision demonstrates that Rule 12(b)(6) and

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)

Quotation

Gary A. MacDonald, John M. Nannes, A US Federal Court reinforces that the Twombly “facial plausibility” standard serves as strong basis for dismissal in a price-fixing class action (LaFlamme / Société Air France), 5 April 2010, e-Competitions Bulletin US Private Enforcement, Art. N° 45515

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