The Second Circuit’s Starr Decision: Why Twombly Demands More

In Starr v. Sony BMG Music Entertainment,  plaintiffs alleged that Sony BMG, EMI, Universal Music Group, and Warner Music Group—which allegedly “control over 80 percent of Digital Music sold to end purchasers in the United States” –had engaged in a conspiracy to maintain high prices for music sold over the Internet. Before 2007, the defendants might well have declined even to challenge the legal adequacy of that allegation. But, in 2007, the Supre