Exorcising Specter Of Aguilar With Spirit Of Twombly

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Law360, New York (February 04, 2010) -- The Ninth Circuit recently affirmed the dismissal of claims based on the aggregation of petroleum exchange agreements to show alleged "cumulative anti-competitive effects." Gilley Enterprises v. Atlantic Richfield Company, No. 06-056059 (9th Cir. Dec. 2, 2009).".......

......In Aguilar v. Atlantic Richfield Company, the California Supreme Court upheld the affirmance of a grant of summary judgment on the ground that the complaint failed to properly allege an actionable conspiracy. The court held that the allegations were as consistent with independent action within an oligopolistic interdependent market as with collusion......

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