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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