/us/550/0544-01

Supreme Court of the United States · 2007-05-21

Original case on neochart.com

Case and law context

15 U.S.C. § 1

Role: applied; posture: civil putative class action (telephone/internet subscribers v. incumbent local carriers); Rule 12(b)(6) dismissal reversed by CA2; certiorari on the standard for pleading a § 1 conspiracy through parallel conduct; result: claimant-lost; claim:

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/us/550/0544-01 — Supreme Court of the United States · 2007Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakersnot
Counted merits instance
applied / merits

basis: pleaded; theory: conspiracy among the ILECs to thwart competitive entry by CLECs; subject: theory=conspiracy among the ILECs to thwart competitive entry by CLECs

Each incumbent had its own unilateral incentive to resist entrants it was forced to subsidize, so parallel resistance does not suggest a prior agreement.
parallel-conduct/parallel-resistance-to-new-entrants
Plaintiffs say, first, that the ILECs “engaged in parallel conduct” in their respective service areas to inhibit the growth of upstart CLECs.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [3545:3686] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Their actions allegedly included making unfair agreements with the CLECs for access to ILEC networks, providing inferior connections to the networks, overcharging, and billing in ways designed to sabotage the CLECs’ relations with their own customers.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [3714:3965] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

To begin with, the complaint leaves no doubt that plaintiffs rest their § 1 claim on descriptions of parallel conduct and not on any independent allegation of actual agreement among the ILECs.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [25437:25629] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

we hold that stating such a claim requires a complaint with enough factual matter (taken as true) to suggest that an agreement was made.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [13170:13306] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Hence, when allegations of parallel conduct are set out in order to make a § 1 claim, they must be placed in a context that raises a suggestion of a preceding agreement, not merely parallel conduct that could just as well be independent action.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [14304:14548] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

we agree with the District Court that nothing in the complaint intimates that the resistance to the upstarts was anything more than the natural, unilateral reaction of each ILEC intent on keeping its regional dominance.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [26876:27095] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/us/550/0544-01 — Supreme Court of the United States · 2007Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakersnot
Counted merits instance
applied / merits

basis: pleaded; theory: agreement among the ILECs not to compete in one another's territories; subject: theory=agreement among the ILECs not to compete in one another's territories

Obvious alternative explanation (legacy regulated monopolists staying on their own turf) defeats the inference; the Court notes sparse competition among territorial incumbents could suggest agreement in a traditionally unregulated, low-entry-barrier industry.
parallel-conduct/parallel-non-entry-into-each-others-territories
Second, the complaint charges agreements by the ILECs to refrain from competing against one another.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [4457:4557] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The complaint quoted a reported statement of Qwest’s CEO, Richard Notebaert, to suggest that the ILECs declined to compete against each other despite recognizing that it “ ‘might be a good way to turn a quick dollar.’”
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [46961:47179] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Without more, parallel conduct does not suggest conspiracy, and a conclusory allegation of agreement at some unidentified point does not supply facts adequate to show illegality.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [14125:14303] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Hence, a natural explanation for the noncompetition alleged is that the former Government-sanctioned monopolists were sitting tight, expecting their neighbors tp do the same thing.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [30554:30734] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Because the plaintiffs here have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [34127:34265] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/us/550/0544-01 — Supreme Court of the United States · 2007Restraint of trade or commerce among the several States or with foreign nationsnot_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.
/us/550/0544-01 — Supreme Court of the United States · 2007Private antitrust injury and fact of damage (Clayton Act §§ 4, 16; Brunswick Corp. v. Pueblo Bowl-O-Mat)not_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.
/us/550/0544-01 — Supreme Court of the United States · 2007Unreasonable restraint of trade (Standard Oil Co. v. United States)not_reached
Excluded from merits counts
applied / merits

Market allocation among competitors would be a classic per se restraint if an agreement were adequately alleged; nobody disputed the substantive law.
Unspecified variantNo source quotation recorded for this block.
/us/550/0544-01 — Supreme Court of the United States · 2007Antitrust standing / efficient enforcer test (Associated General Contractors; Illinois Brick)not_reached
Excluded from merits counts
applied / merits

Unspecified variantNo source quotation recorded for this block.

Court interpretations recorded from this case

interpretation

we hold that stating such a claim requires a complaint with enough factual matter (taken as true) to suggest that an agreement was made.

/us/550/0544-01 — Supreme Court of the United States · 2007

we hold that stating such a claim requires a complaint with enough factual matter (taken as true) to suggest that an agreement was made.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [13170:13306] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Encompasses two distinct sub-inquiries: (1) capacity/plurality of actors (Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984); American Needle), and (2) existence/proof of an actual agreement rather than unilateral conduct (United States v. Colgate & Co., 250 U.S. 300 (1919)) or mere conscious parallelism (Twombly; Matsushita).

interpretation

Hence, when allegations of parallel conduct are set out in order to make a § 1 claim, they must be placed in a context that raises a suggestion of a preceding agreement, not merely parallel conduct that could just as well be independent action.

/us/550/0544-01 — Supreme Court of the United States · 2007

Hence, when allegations of parallel conduct are set out in order to make a § 1 claim, they must be placed in a context that raises a suggestion of a preceding agreement, not merely parallel conduct that could just as well be independent action.
Source: docroot/ir/caselaw/us_550.jsonl#/us/550/0544-01; Unicode character offsets [14304:14548] (end exclusive); SHA-256 9a1e8901cd5646f436f7e803d69e6d2c3947fe5f100e2c593b2d6da8bddba88a.

Encompasses two distinct sub-inquiries: (1) capacity/plurality of actors (Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984); American Needle), and (2) existence/proof of an actual agreement rather than unilateral conduct (United States v. Colgate & Co., 250 U.S. 300 (1919)) or mere conscious parallelism (Twombly; Matsushita).