Court Certifies Twombly Question for Immediate Appeal

In March 2009, Judge Christopher Connor, M.D. P.A., denied defendants’ motion to dismiss price fixing allegations against leading chocolate makers.  The court held that the complaint sufficient alleged a conspiracy under Twombly.  Defendants requested that the court certify the question for appeal.  The court has now agreed to do so, explaining that its conclusion that Twombly permits an inference of conspiracy from the “collective effect of repeated parallel price increases, avernments of anti-competitive activity in closely related foreign markets, transnational management of corporate subsidiaries, opportunity for collusion, and descriptions of anti-competitive conduct that are economically in light of mature market characteristics” is a debatable interpretation of that case.  Given that continuing uncertainty surrounding the relatively new standard, and that a reversal could end the case before the parties undertake substantial discovery, the court believed that an interlocutory appeal is warranted.

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