Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn’t

Richard Epstein, Jul 30, 2009

Without question, Bell Atlantic v. Twombly ranks as one of the most controversial decisions of the United States Supreme Court in recent years. Its importance stems from the simple reason that it lies at the crossroads of antitrust and civil procedure, with vast potential implications for both fields. As a matter of antitrust law it raised the possibility that a large number of complex cases would be dismissed prior to discovery. As a matter of civil procedure, the