Bell Atlantic v. Twombly
United States Supreme Court
550 U.S. 544, 125 S.Ct. 1955, 167 L.Ed.2d 929 (2007)
- Written by Sean Carroll, JD
Facts
William Twombly (plaintiff), on behalf of a putative class of telephone and high-speed internet subscribers, filed a complaint alleging that Bell Atlantic Corporation (defendant) violated § 1 of the Sherman Act, which prohibits conspiracies in restraint of trade. The complaint alleged that Bell Atlantic conspired with other local telephone companies by means of conscious parallelism to inhibit the growth of upstart telecommunications companies and to eliminate competition with each other. The alleged purpose of the conspiracy was to allow each involved local telephone company to dominate a specific market. Twombly did not introduce any additional evidence of an agreement between the companies. In district court, Bell Atlantic moved to dismiss under Federal Rule of Civil Procedure 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 certiorari.
Rule of Law
Issue
Holding and Reasoning (Souter, J.)
Dissent (Stevens, J.)
What to do next…
Here's why 788,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.