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Bell Atlantic Corp. v. Twombly
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Bell Atlantic Corp. v. Twombly : ウィキペディア英語版
Bell Atlantic Corp. v. Twombly

''Bell Atlantic Corp. v. Twombly'', , was a decision of the Supreme Court of the United States involving antitrust law and civil procedure. Authored by Justice David Souter, it established that parallel conduct, absent evidence of agreement, is insufficient to sustain an antitrust action under § 1 of the Sherman Act. It also heightened the pleading requirement for Federal civil cases, requiring that plaintiffs include enough facts in their complaint to make it plausible—not merely possible or conceivable—that they will be able to prove facts to support their claims. This latter change in the law has been met with a great deal of controversy in legal circles, evidenced by the dissenting opinion from Justice John Paul Stevens.〔http://supreme.justia.com/cases/federal/us/550/05-1126/dissent.html〕
== Background ==
William Twombly and Lawrence Marcus brought a class-action lawsuit alleging that Bell Atlantic and a number of other large telecommunications companies had engaged in anti-competitive behavior in violation of § 1 of the Sherman Antitrust Act. Specifically, the plaintiffs alleged that the companies had acted in order to disadvantage smaller telephone companies and charge consumers more by, for example, refraining from entering markets where another large company was dominant (thereby preventing a price war), even though the Telecommunications Act of 1996 had made it relatively inexpensive to do so.〔("''Bell Atlantic Corporation v. Twombly''" ), The Oyez Project at IIT Chicago-Kent College of Law.〕
Their complaint was dismissed by Judge Gerard E. Lynch of the U.S. District Court for the Southern District of New York, as failing to allege sufficient facts to state a claim for a violation of the Sherman Act. This decision was reversed by the Second Circuit Court of Appeals, and the Supreme Court agreed to hear the case in 2006.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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