From rumor to theory to formal complaint, the development of an antitrust case is a rigorous process that often entails painstaking investigation and the marshalling of complicated facts into a coherent and concise legal theory. Typically, however, evidence of unlawful coordinated conduct is in the sole possession of the defendant.
How then can a private plaintiff plead sufficient facts to “nudge a claim across the line from conceivable to plausible” in order to survive a motion to dismiss and move on to (often, massive) discovery? How does a defendant successfully obtain dismissal in order to avoid long, protracted (read: expensive) litigation?
The battle lines are drawn, and our panel of experienced antitrust practitioners from both the “v”, as well as an expert economist, will share their experience and insight on navigating the first major hurdle in antitrust litigation: the motion to dismiss.