Admonishing courts to be wary of conflating the Twombly pleading requirements to withstand a motion to dismiss with the standard applicable to a summary judgment motion, the First Circuit held, in its recent Evergreen Partnering1 decision, that a recycling company’s circumstantial allegations of a horizontal boycott among producers of polystyrene products plausibly stated a conspiracy claim under Section 1 of the Sherman Act and should not have been dismissed.
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Antitrust Quarterly - Summer 2013
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