Judge Ambrose, Western District of Pennsylvania, denied the defendants motion to dismiss a putative class action alleging that the defendants fixed energy surcharges. The motion argued that the plaintiffs had alleged insufficient facts to establish a conspiracy under Twombly. The court held thought otherwise, holding the allegations sufficient because they pointed to a history of an inability to raise price and of varying surcharges that ended abrutly in June 2002. The defendants then acted in virtual loc, the complaint alleges, until the EU began its probe in 2005. The complaint also alleged specific dates on which the defendants met.