Kensington Antitrust Advisors Group

Judge William Duffey, Northern District of Georgia, dismissed an antitrust complaint under Twombly for failing to sufficiently allege concerted activity among a group of freight transportation carriers.  The court argued that allegations that merely allow one to imagine that a “conspiracy may have occurred” were insufficient because “imagination is not enough.”  More specifically, the court held that parallel conduct and making price information public were alone insufficient to state a claim.