Twombly and Parallel Conduct: How the Sixth Circuit Grounded In re Travel Agent Commission Antitrust Litigation

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This article, Twombly and Parallel Conduct: How the Sixth Circuit Grounded In re Travel Agent Commission Antitrust Litigation, 76 J. Air L. & Com. 111 (2011), discusses the Sixth Circuit holding in In re Travel Agent Commission Antitrust Litigation and argues that the court in this case misapplied the Twombly standard and set a dangerous precedent that could "slowly eviscerat[e] antitrust enforcement under the Sherman Act." The appropriate action would have been to grant a rehearing on the defendants' motion to dismiss, thereby preserving the distinctive burdens of 12(b)(6) motions and summary judgment.

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Published In: Antitrust & Trade Regulation Updates, Business Organization Updates, Civil Procedure Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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