bell
atlantic
corp
et
al
twombly
et
argued
november
decided
may
divestiture
american
telephone
telegraph
company
local
telephone
business
left
system
regional
service
monopolies
sometimes
called
incumbent
local
exchange
carriers
ilecs
separate
market
ilecs
excluded
telecommunications
act
withdrew
approval
ilecs
monopolies
fundamentally
restructur
ing
local
telephone
markets
subject
ing
ilecs
host
duties
intended
facilitate
market
entry
iowa
utilities
also
authorized
enter
market
central
new
scheme
ilec
obligation
share
network
competitive
local
exchange
carriers
clecs
verizon
communications
law
offices
curtis
trinko
llp
respondents
hereinafter
plaintiffs
represent
class
subscribers
local
telephone
high
speed
internet
services
action
petitioner
ilecs
claimed
violations
sherman
act
prohibits
contract
combination
form
trust
otherwise
conspiracy
restraint
trade
commerce
among
several
foreign
nations
complaint
alleges
ilecs
conspired
restrain
trade
engaging
parallel
conduct
respective
service
areas
inhibit
growth
upstart
clecs
agreeing
refrain
competing
one
another
indicated
common
failure
pursue
attractive
business
opportunities
contiguous
markets
statement
one
ilec
chief
executive
officer
competing
another
ilec
territory
seem
right
district
dismissed
complaint
concluding
parallel
business
conduct
allegations
taken
alone
state
claim
plaintiffs
must
allege
additional
facts
tending
exclude
independent
conduct
explanation
parallel
actions
reversing
second
circuit
held
plaintiffs
parallel
conduct
allegations
sufficient
withstand
motion
dismiss
ilecs
failed
show
set
facts
permit
plaintiffs
demonstrate
particular
parallelism
asserted
product
collusion
rather
coincidence
held
stating
claim
requires
complaint
enough
factual
matter
taken
true
suggest
agreement
made
allegation
parallel
conduct
bare
assertion
conspiracy
suffice
pp
prohibits
restraints
effected
contract
combination
conspiracy
copperweld
independence
tube
crucial
question
whether
challenged
anticompetitive
conduct
stem
independent
decision
agreement
theatre
enterprises
paramount
film
distributing
showing
parallel
business
behavior
admissible
circumstantial
evidence
agreement
may
inferred
falls
short
conclusively
establish
ing
agreement
constitut
ing
sherman
act
offense
inadequacy
showing
parallel
conduct
interdependence
without
mirrors
behavior
ambiguity
consistent
conspiracy
much
line
wide
swath
rational
competitive
business
strategy
unilaterally
prompted
common
perceptions
market
thus
hedged
false
inferences
identical
behavior
number
points
trial
sequence
summary
judgment
stage
see
matsushita
elec
industrial
zenith
radio
pp
case
presents
antecedent
question
plaintiff
must
plead
order
state
claim
federal
rule
civil
procedure
requires
short
plain
statement
claim
showing
pleader
entitled
relief
order
give
defendant
fair
notice
claim
grounds
upon
rests
conley
gibson
complaint
attacked
rule
motion
dismiss
need
detailed
factual
allegations
plaintiff
obligation
provide
grounds
entitle
ment
relief
requires
labels
conclusions
formulaic
recitation
cause
action
elements
factual
allegations
must
enough
raise
right
relief
speculative
level
assumption
complaint
allegations
true
applying
general
standards
claim
stating
claim
requires
complaint
enough
factual
matter
suggest
agreement
asking
plausible
grounds
impose
probability
requirement
pleading
stage
simply
calls
enough
fact
raise
reasonable
expectation
discovery
reveal
evidence
illegal
agreement
need
pleading
stage
allegations
plausibly
suggesting
merely
consistent
agreement
reflects
rule
threshold
requirement
plain
statement
possess
enough
heft
sho
pleader
entitled
relief
parallel
conduct
allegation
gets
complaint
close
stating
claim
without
factual
enhancement
stops
short
line
possibility
plausibility
requirement
allegations
suggesting
agreement
serves
practical
purpose
preventing
plaintiff
largely
groundless
ing
time
number
people
right
representing
terrorem
increment
settlement
value
dura
pharmaceuticals
broudo
one
thing
cautious
dismissing
antitrust
complaint
advance
discovery
quite
another
forget
proceeding
antitrust
discovery
expensive
potential
expense
obvious
plaintiffs
represent
putative
class
least
percent
subscribers
local
telephone
internet
service
action
america
largest
telecommunications
firms
unspecified
instances
antitrust
violations
allegedly
occurred
period
answer
say
claim
shy
plausible
entitlement
weeded
early
discovery
process
given
common
lament
success
judicial
supervision
checking
discovery
abuse
modest
plaintiffs
main
argument
plausibility
standard
pleading
stage
ostensible
conflict
literal
reading
conley
statement
construing
rule
complaint
dismissed
failure
state
claim
unless
appears
beyond
doubt
plaintiff
prove
set
facts
support
claim
entitle
relief
set
facts
language
questioned
criticized
explained
away
long
enough
courts
commentators
best
forgotten
incomplete
negative
gloss
accepted
pleading
standard
claim
stated
adequately
may
supported
showing
set
facts
consistent
allegations
complaint
conley
described
breadth
opportunity
prove
adequate
complaint
claims
minimum
standard
adequate
pleading
govern
complaint
survival
pp
plausibility
standard
plaintiffs
claim
conspiracy
restraint
trade
comes
short
first
complaint
leaves
doubt
plaintiffs
rest
claim
descriptions
parallel
conduct
independent
allegation
actual
agreement
among
ilecs
nub
complaint
ilecs
parallel
behavior
sufficiency
turns
suggestions
raised
conduct
viewed
light
common
economic
experience
nothing
complaint
invests
either
action
inaction
alleged
plausible
conspiracy
suggestion
ilecs
supposed
agreement
disobey
act
thwart
clecs
attempts
compete
district
correctly
found
nothing
complaint
intimates
resisting
upstarts
anything
natural
unilateral
reaction
ilec
intent
preserving
regional
dominance
complaint
general
collusion
premise
fails
answer
point
need
joint
encouragement
resist
act
since
ilec
reason
try
avoid
dealing
clecs
tried
keep
regardless
ilecs
actions
plaintiffs
second
conspiracy
theory
rests
competitive
reticence
among
ilecs
wake
act
enter
competitors
territories
leaving
relevant
market
highly
compartmentalized
geographically
minimal
competition
parallel
conduct
suggest
conspiracy
history
teaches
anything
monopoly
norm
telecommunications
exception
ilecs
born
world
doubtless
liked
surely
knew
adage
lives
sword
natural
explanation
noncompetition
former
monopolists
sitting
tight
expecting
neighbors
antitrust
conspiracy
suggested
facts
adduced
either
theory
complaint
thus
fails
state
valid
claim
analysis
run
counter
swierkiewicz
sorema
held
complaint
employment
discrimination
lawsuit
need
contain
specific
facts
establishing
prima
facie
case
discrimination
requiring
heightened
fact
pleading
specifics
enough
facts
state
claim
relief
plausible
face
plaintiffs
nudged
claims
across
line
conceivable
plausible
complaint
must
dismissed
pp
reversed
remanded
souter
delivered
opinion
roberts
scalia
kennedy
thomas
breyer
alito
joined
stevens
filed
dissenting
opinion
ginsburg
joined
except
part
iv
bell
atlantic
corporation
et
tioners
william
twombly
et
al
writ
certiorari
appeals
second
circuit
may
justice
souter
delivered
opinion
liability
sherman
act
requires
contract
combination
conspiracy
restraint
trade
commerce
question
putative
class
action
whether
complaint
survive
motion
dismiss
alleges
major
telecommunications
providers
engaged
certain
parallel
conduct
unfavorable
competition
absent
factual
context
suggesting
agreement
distinct
identical
independent
action
hold
complaint
dismissed
upshot
divestiture
american
telephone
telegraph
company
local
telephone
business
system
regional
service
monopolies
variously
called
regional
bell
operating
companies
baby
bells
incumbent
local
exchange
carriers
ilecs
separate
competitive
market
service
ilecs
excluded
decade
later
congress
withdrew
approval
ilecs
monopolies
enacting
telecommunications
act
act
stat
fundamentally
restructure
local
telephone
markets
subject
ed
ilecs
host
duties
intended
facilitate
market
entry
iowa
utilities
recompense
act
set
conditions
authorizing
ilecs
enter
market
see
central
new
scheme
ilec
obligation
share
network
competitors
verizon
communications
law
offices
curtis
trinko
llp
came
known
competitive
local
exchange
carriers
clecs
pet
cert
clec
make
use
ilec
network
three
ways
purchas
ing
local
telephone
services
wholesale
rates
resale
end
users
leas
ing
elements
ilec
network
unbundled
basis
interconnect
ing
facilities
ilec
network
iowa
utilities
supra
quoting
owing
considerable
expense
effort
required
make
unbundled
network
elements
available
rivals
wholesale
prices
trinko
supra
ilecs
vigorously
litigated
scope
sharing
obligation
imposed
act
result
federal
communications
commission
fcc
three
times
revised
regulations
narrow
range
network
elements
shared
clecs
see
covad
communications
fcc
cadc
summarizing
regulatory
struggle
ilecs
clecs
respondents
william
twombly
lawrence
marcus
hereinafter
plaintiffs
represent
putative
class
consisting
subscribers
local
telephone
high
speed
internet
services
february
present
amended
complaint
civ
gel
sdny
app
hereinafter
complaint
action
petitioners
group
plaintiffs
seek
treble
damages
declaratory
injunctive
relief
claimed
violations
sherman
act
ch
stat
amended
prohibits
contract
combination
form
trust
otherwise
conspiracy
restraint
trade
commerce
among
several
foreign
nations
complaint
alleges
ilecs
conspired
restrain
trade
two
ways
supposedly
inflating
charges
local
telephone
internet
services
plaintiffs
say
first
ilecs
engaged
parallel
conduct
respective
service
areas
inhibit
growth
upstart
clecs
complaint
app
actions
allegedly
included
making
unfair
agreements
clecs
access
ilec
networks
providing
inferior
connections
networks
overcharging
billing
ways
designed
sabotage
clecs
relations
customers
ibid
according
complaint
ilecs
compelling
common
motivatio
thwart
clecs
competitive
efforts
naturally
led
form
conspiracy
ad
one
ilec
sought
prevent
clecs
competing
effectively
resulting
greater
competitive
inroads
ilec
territory
revealed
degree
competitive
entry
clecs
successful
territories
absence
conduct
app
second
complaint
charges
agreements
ilecs
refrain
competing
one
another
inferred
ilecs
common
failure
meaningfully
pursu
attractive
business
opportunit
ies
contiguous
markets
possessed
substantial
competitive
advantages
app
statement
richard
notebaert
chief
executive
officer
ceo
ilec
qwest
competing
territory
another
ilec
good
way
turn
quick
dollar
make
right
app
complaint
couches
ultimate
allegations
way
absence
meaningful
competition
ilecs
one
another
markets
light
parallel
course
conduct
engaged
prevent
competition
clecs
within
respective
local
telephone
high
speed
internet
services
markets
facts
market
circumstances
alleged
plaintiffs
allege
upon
information
belief
ilecs
entered
contract
combination
conspiracy
prevent
competitive
entry
respective
local
telephone
high
speed
internet
services
markets
agreed
compete
one
another
otherwise
allocated
customers
markets
one
another
app
district
southern
district
new
york
dismissed
complaint
failure
state
claim
upon
relief
granted
district
acknowledged
plaintiffs
may
allege
conspiracy
citing
instances
parallel
business
behavior
suggest
agreement
emphasized
ircumstantial
evidence
consciously
parallel
behavior
may
made
heavy
inroads
traditional
judicial
attitude
toward
conspiracy
conscious
parallelism
yet
read
conspiracy
sherman
act
entirely
supp
quoting
theatre
enterprises
paramount
film
distributing
alterations
original
thus
district
understood
allegations
parallel
business
conduct
taken
alone
state
claim
plaintiffs
must
allege
additional
facts
ten
exclude
independent
conduct
explanation
defendants
parallel
behavior
supp
district
found
plaintiffs
allegations
parallel
ilec
actions
discourage
competition
inadequate
behavior
ilec
resisting
incursion
clecs
fully
explained
ilec
interests
defending
individual
territory
ilecs
supposed
agreement
competing
district
found
complaint
alleg
facts
suggesting
refraining
competing
territories
clecs
contrary
ilecs
apparent
economic
interests
consequently
rais
inference
ilecs
actions
result
conspiracy
appeals
second
circuit
reversed
holding
district
tested
complaint
wrong
standard
held
plus
factors
required
pleaded
permit
antitrust
claim
based
parallel
conduct
survive
dismissal
emphasis
original
although
appeals
took
view
plaintiffs
must
plead
facts
include
conspiracy
among
realm
possibilities
order
survive
motion
dismiss
said
rule
allegations
parallel
anticompetitive
conduct
fail
support
plausible
conspiracy
claim
conclude
set
facts
permit
plaintiff
demonstrate
particular
parallelism
asserted
product
collusion
rather
coincidence
ibid
granted
certiorari
address
proper
standard
pleading
antitrust
conspiracy
allegations
parallel
conduct
reverse
ii
sherman
act
prohibit
unreasonable
restraints
trade
restraints
effected
contract
combination
conspiracy
copperweld
independence
tube
crucial
question
whether
challenged
anticompetitive
conduct
stem
independent
decision
agreement
tacit
express
theatre
enterprises
showing
parallel
business
behavior
admissible
circumstantial
evidence
fact
finder
may
infer
agreement
falls
short
conclusively
establish
ing
agreement
constitut
ing
sherman
act
offense
even
conscious
parallelism
common
reaction
firms
concentrated
market
recogniz
shared
economic
interests
interdependence
respect
price
output
decisions
unlawful
brooke
group
brown
williamson
tobacco
see
areeda
hovenkamp
antitrust
law
ed
hereinafter
areeda
hovenkamp
courts
nearly
unanimous
saying
mere
interdependent
parallelism
establish
contract
combination
conspiracy
required
sherman
act
turner
definition
agreement
sherman
act
conscious
parallelism
refusals
deal
harv
rev
ere
interdependence
basic
price
decisions
conspiracy
inadequacy
showing
parallel
conduct
interdependence
without
mirrors
ambiguity
behavior
consistent
conspiracy
much
line
wide
swath
rational
competitive
business
strategy
unilaterally
prompted
common
perceptions
market
see
joint
center
regulatory
studies
epstein
motions
dismiss
antitrust
cases
separating
fact
fantasy
related
publication
pp
discussing
problem
false
positives
suits
accordingly
previously
hedged
false
inferences
identical
behavior
number
points
trial
sequence
antitrust
conspiracy
plaintiff
evidence
showing
nothing
beyond
parallel
conduct
entitled
directed
verdict
see
theatre
enterprises
supra
proof
conspiracy
must
include
evidence
tending
exclude
possibility
independent
action
see
monsanto
service
summary
judgment
stage
plaintiff
offer
conspiracy
evidence
must
tend
rule
possibility
defendants
acting
independently
see
matsushita
elec
industrial
zenith
radio
case
presents
antecedent
question
plaintiff
must
plead
order
state
claim
sherman
act
federal
rule
civil
procedure
requires
short
plain
statement
claim
showing
pleader
entitled
relief
order
give
defendant
fair
notice
claim
grounds
upon
rests
conley
gibson
complaint
attacked
rule
motion
dismiss
need
detailed
factual
allegations
ibid
sanjuan
american
bd
psychiatry
neurology
plaintiff
obligation
provide
grounds
entitle
ment
relief
requires
labels
conclusions
formulaic
recitation
elements
cause
action
see
papasan
allain
motion
dismiss
courts
bound
accept
true
legal
conclusion
couched
factual
allegation
factual
allegations
must
enough
raise
right
relief
speculative
level
see
wright
miller
federal
practice
procedure
pp
ed
hereinafter
wright
miller
pleading
must
contain
something
statement
facts
merely
creates
suspicion
legally
cognizable
right
action
assumption
allegations
complaint
true
even
doubtful
fact
see
swierkiewicz
sorema
neitzke
williams
rule
countenance
dismissals
based
judge
disbelief
complaint
factual
allegations
scheuer
rhodes
complaint
may
proceed
even
appears
recovery
remote
unlikely
applying
general
standards
claim
hold
stating
claim
requires
complaint
enough
factual
matter
taken
true
suggest
agreement
made
asking
plausible
grounds
infer
agreement
impose
probability
requirement
pleading
stage
simply
calls
enough
fact
raise
reasonable
expectation
discovery
reveal
evidence
illegal
course
complaint
may
proceed
even
strikes
savvy
judge
actual
proof
facts
improbable
recovery
remote
unlikely
ibid
identifying
facts
suggestive
enough
render
conspiracy
plausible
benefit
prior
rulings
considered
views
leading
commentators
already
quoted
lawful
parallel
conduct
fails
bespeak
unlawful
agreement
makes
sense
say
therefore
allegation
parallel
conduct
bare
assertion
conspiracy
suffice
without
parallel
conduct
suggest
conspiracy
conclusory
allegation
agreement
unidentified
point
supply
facts
adequate
show
illegality
hence
allegations
parallel
conduct
set
order
make
claim
must
placed
context
raises
suggestion
preceding
agreement
merely
parallel
conduct
well
independent
action
need
pleading
stage
allegations
plausibly
suggesting
merely
consistent
agreement
reflects
threshold
requirement
rule
plain
statement
possess
enough
heft
sho
pleader
entitled
relief
statement
parallel
conduct
even
conduct
consciously
undertaken
needs
setting
suggesting
agreement
necessary
make
claim
without
circumstance
pointing
toward
meeting
minds
account
defendant
commercial
efforts
stays
neutral
territory
allegation
parallel
conduct
thus
much
like
naked
assertion
conspiracy
complaint
gets
complaint
close
stating
claim
without
factual
enhancement
stops
short
line
possibility
plausibility
entitle
ment
relief
cf
dm
research
college
pathologists
erms
like
even
might
well
sufficient
conjunction
specific
allegation
example
identifying
written
agreement
even
basis
inferring
tacit
agreement
required
accept
terms
sufficient
basis
complaint
alluded
practical
significance
rule
entitlement
requirement
dura
pharmaceuticals
broudo
explained
something
beyond
mere
possibility
loss
causation
must
alleged
lest
plaintiff
largely
groundless
allowed
time
number
people
right
representing
terrorem
increment
settlement
value
quoting
blue
chip
stamps
manor
drug
stores
allegations
complaint
however
true
raise
claim
entitlement
relief
basic
deficiency
exposed
point
minimum
expenditure
time
money
parties
wright
miller
quoting
daves
hawaiian
dredging
supp
haw
see
also
dura
supra
asahi
glass
pentech
pharmaceuticals
supp
nd
posner
sitting
designation
ome
threshold
plausibility
must
crossed
outset
patent
antitrust
case
permitted
go
inevitably
costly
protracted
discovery
phase
thus
one
thing
cautious
dismissing
antitrust
complaint
advance
discovery
cf
poller
columbia
broadcasting
system
quite
another
forget
proceeding
antitrust
discovery
expensive
indicated
years
ago
associated
gen
contractors
carpenters
district
must
retain
power
insist
upon
specificity
pleading
allowing
potentially
massive
factual
controversy
proceed
see
also
car
carriers
ford
motor
costs
modern
federal
antitrust
litigation
increasing
caseload
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