In re Text Messaging Antitrust Litigation
- Case Date: 4/22/2011
- Project Name: Civil Justice Reform
On April 22, 2011, WLF filed a brief in the U.S. Supreme Court, urging it to review (and ultimately overturn) an appeals court decision that permitted a price-fixing antitrust lawsuit to go forward against major telecommunications companies despite the absence of evidence suggesting that the defendants ever entered into a conspiracy regarding prices. WLF argued that frivolous antitrust litigation will continue to be a plague on the business community unless the courts are willing to weed out such lawsuits early in the litigation process. WLF argued that under the Court’s precedents, an antitrust complaint is not “plausible” (and thus is subject to dismissal) if the plaintiffs’ claim boils down to a hunch that the defendants must have conspired because that would explain their similar pricing structures. Although the Supreme Court later denied the petition to hear this case, WLF has pledged to continue its fight against excessively lenient pleadings standards in antitrust lawsuits.
|Supreme Court review denied.|
More Information and Downloads:
4/22/2011: Download the Brief
Press Release: Court Urged to Crack Down on Frivolous Antitrust Litigation