How to Survive A Motion to Dismiss After Twombly

David Fischer at Antitrust Review points to a decision out of the Eastern District of Pennsylvania where plaintiffs’ allegations of conspiracy in violation of Section 1 of the Sherman Act survived a motion to dismiss. Recall that Twombly rejected the “any set of facts” or “conceivability” standard set forth in Conley v. Gibson in favor of a “plausibility” standard (see, e.g. Manfred Gabriel’s article in the Antitrust Source exploring Twombly‘s implications).

Read the full piece here.