After Twombly, lower court cases like Evergreen Partnering Group clarify antitrust has no probability or other heightened pleading standard.
Law360, New York (August 16, 2013, 11:57 AM ET) ‐‐ In Bell Atlantic Corporation v. Twombly, the U.S. Supreme Court held that factual allegations in a complaint must suggest that the plaintiff has a plausible — as opposed to merely a conceivable — claim for relief. The court also cautioned that requiring plausible grounds to infer an antitrust agreement does not impose a probability requirement at the pleading stage.
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