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PLAUSIBLE PLEADING: BELL ATLANTIC CORP. V. TWOMBLY

INTRODUCTION

Motions to dismiss antitrust cases have gone in and out of favor over the years. There was a time when plaintiffs-especially government plaintiffs-needed to plead little more than that defendants had conspired to fix prices and restrain trade. More recently, many courts began demanding appreciably more than conclusory allegations of conspiracy and unreasonable restraint of competition, including both some factual allegations and a theory of liability that makes sense.1 Meanwhile, some other courts continued to insist that pleading requirements are intended to be minimal, and that only plaintiffs pleading nothing but conclusions should be denied the opportunity for discovery.2

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