Antitrust plaintiffs asserting price fixing claims do not need a “smoking gun” to avoid dismissal of their complaint and proceed to discovery. Yesterday, the U.S. Court of Appeals in Chicago decided that consumers plausibly alleged a conspiracy among the nation’s leading wireless service providers to fix the price of text messaging services in violation of…

A decision from a divided U.S. Court of Appeals in Atlanta earlier this month continues the debate over the appropriate pleading standard for antitrust plaintiffs under Bell Atlantic Corp. v. Twombly (2007) 550 U.S. 544. The appellate court held that consumers failed to support their resale price fixing and horizontal price fixing claims against the…

The federal district court in Sacramento, California, has refused to dismiss an antitrust claim alleging that SK Foods L.P.—a now-defunct food products distributor—conspired with others to eliminate competition in the market for processed tomato products. The private action brought by competitors of SK Foods parallels a closely-watched federal probe of anticompetitive conduct in the industry….

In a case of first impression, the California Supreme Court recently decided that alleged victims of a price fixing scheme can pursue treble damages claims under the California Cartwright Act, even though the victims passed on some or all of the purported overcharges to indirect purchasers downstream in the chain of distribution. Thus, the state’s…