What is the Biggest Mistake that District Courts Make in Antitrust Cases?

by Jarod Bona
I won’t hide the ball; I’ll just tell you the answer: Federal district courts deciding motions to dismiss an antitrust case too often apply the summary-judgment standard to conspiracy allegations, particularly when confronted with non-parallel-conduct cases. This isn’t scientific or empirical—it is my observation and is enough of an issue that more than one federal appellate c ...Read the full article