Waiting for 'Twombly': The Supreme Court Will (Hopefully) Offer Guidance on Pleading §1 Antitrust Conspiracy. New York Law Journal. December 4, 2006

December 04, 2006

BY BARRY SHER, KEVIN LOGUE & JODI KLEINICK

SECTION 1 of the Sherman Act prohibits certain contracts, combinations, or conspiracies, in restraint of trade or commerce.1 Because unilateral action cannot violate §1, a hotly contested issue in §1 claims is whether the challenged conduct resulted from “concerted action”—an agreement or conspiracy.

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