Antitrust Pleading After Twombly

Cite this Article
Joshua D. Wright, Antitrust Pleading After Twombly, Truth on the Market (March 22, 2009),

Here’s a report from Shearman & Stearling (HT: Point of Law).

A few interesting highlights from the report:

  • “federal courts are granting, at almost a 2:1 ratio, defendants’ motions to dismiss.”
  • Sample sizes still too small to say anything meaningful about inter-Circuit variation, but the report tells us that the D.C. Circuit has refused to grant all defendants’ motion to dismiss while the 5th and 11th Circuits have granted 100% of them (only 6 and 2, respectively)
  • The 9th hears the most antitrust cases over the sample (19) and grants defendants’ motion to dismiss 74% of the time
  • The 3rd Circuit came in with the lowest motion to dismiss success rate at 33% (5 of 15)

Check out the whole report.  Lots of really interesting stuff in there including appendix with discussion of all the cases.