Second Circuit Decision on Pleading Conspiracy More Welcoming to Plaintiffs
Eric P. Enson,Michelle K. Fischer,Kevin D. McDonald,Paula W. Render, February 6, 2013
The Supreme Court recently decided not to review a Second Circuit decision on the standard for pleading conspiracy, leaving in place that decision, Anderson News, LLC v. American Media, Inc., 680 F.3d 162 (2d. Cir. 2012). In its opinion, the Second Circuit held that, when assessing the sufficiency...

Federal Appeals Court Reaffirms Flexible Legal Standard for Restraints in Competitor Collaborations
Thomas Demitrack,Michelle K. Fischer,Brian K. Grube,Paula W. Render, January 14, 2013
A new decision by a U.S. federal judge and leading antitrust scholar has reaffirmed the U.S. antitrust principle that competitive restraints adopted to foster competitor collaborations will not be summarily condemned under the per se rule, but instead evaluated under a rule of reason analysis when...