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Civil Procedure Keyed to Counsellor, 3rd Ed.
Bell Atlantic v. Twombly
Citation:
550 U.S. 544, 125 S. Ct. 1955, 167 L. Ed. 2D 929 (2007)Facts
The Telecommunications Act of 1996 was designed to introduce competition into local telephone markets previously dominated by regional monopolies (ILECs). The Act required ILECs to share their networks with new competitors (CLECs) and permitted ILECs to enter each other’s markets. The plaintiffs, representing a putative class of subscribers, alleged that the ILECs conspired to prevent competitive entry in two ways: first, by engaging in parallel conduct to inhibit the growth of upstart CLECs through unfair agreements, inferior connections, overcharging, and other tactics; and second, by agreeing not to compete with one another in their respective territories despite “attractive business opportunities.” The complaint pointed to the ILECs’ common failure to pursue these opportunities and cited a statement by Qwest’s CEO that competing in another ILEC’s territory “might be a good way to turn a quick dollar but that doesn’t make it right.” The plaintiffs claimed these actions violated §1 of the Sherman Act.
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