Legal Alert: Antitrust Update
When in Doubt, Challenge the Sufficiency of the Complaint
The Seventh Circuit Court of Appeals recently added another tool to the arsenal of antitrust defendants—challenging the sufficiency of the complaint.
In an opinion by Richard Posner, one of the country’s most respected jurists, the court granted discretionary interlocutory appeal to consider whether the class pled sufficient facts to state a claim. The court granted review since the pleading standard in antitrust cases is yet unsettled. Since the Supreme Court’s decision in Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007) which set forth the standard for pleadings, few cases have interpreted its application to the antitrust context. Thus, the area is ripe for appellate review.