Corporate & Securities Law

Antitrust Pleading After Twombly

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.

Full post as published by Truth on the Market on March 22, 2009 (boomark / email).