Dynamic Random Access Memory (DRAM) Indirect Purchaser Antitrust Litig. v. Samsung Elecs. Co., No. 21-15125, 2022 U.S. App. LEXIS 5867 (9th Cir. Mar. 7, 2022)
Plaintiffs alleging parallel conduct among competitors as a Sherman Act section 1 conspiracy must allege additional facts (plus factors) that place that parallel conduct in a context suggesting a preceding agreement. Here, only one of the eight plus factors plaintiffs alleged weighed slightly in favor of conspiracy, which was insufficient to cross the threshold from possible to plausible. The three… Read More