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Bell Atlantic v. Twombly

United States Supreme Court
550 U.S. 544 (2007)

Bell Atlantic v. Twombly

Facts

Twombly (plaintiff) issued a complaint alleging that Bell Atlantic (defendant) violated Section 1 of the Sherman Act, which prohibits conspiracy for the purposes of restraining trade. The complaint alleged that Bell conspired with other local telephone companies by means of “parallel conduct” to inhibit the growth of upstart telecommunication companies and eliminate competition with each other. The alleged purpose of the conspiracy was to allow each local telephone company to have dominance over a specific market. In district court, Bell Atlantic moved to dismiss under Rule 12(b)(6). The court granted this motion. The U.S. Court of Appeals for the Second Circuit overturned the dismissal. The United States Supreme Court granted review.

Rule of Law

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Issue

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Holding and Reasoning (Souter, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Stevens, J.)

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