Justice Souter's Revelation
JUSTICE SOUTER'S REVELATION
[SOURCE: Wall Street Journal, AUTHOR: Editorial staff]
[Commentary] This week's Supreme Court ruling in Bell Atlantic v. Twombly was important for the awful things that won't happen as a result. Justice Souter captured the significance of the case nicely, writing that "if alleging parallel decisions to resist competition were enough to imply an antitrust conspiracy, pleading [an antitrust] violation against almost any group of competing businesses would be a sure thing." In other words, letting Twombly proceed to discovery and trial would amount to declaring open season on any number of big industries. Just shout "conspiracy," and you've got a case. Score this one for consumers and capitalists against self-styled "consumer advocates" and their tort bar funders.
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