59 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,303 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  3. Eastman Kodak Co. v. Image Technical Services, Inc.

    504 U.S. 451 (1992)   Cited 2,321 times   17 Legal Analyses
    Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product
  4. United States v. Grinnell Corp.

    384 U.S. 563 (1966)   Cited 2,683 times   6 Legal Analyses
    Holding a series of three acquisitions "eliminated any possibility of an outbreak of competition" and thereby "perfected the monopoly power to exclude competitors and fix prices."
  5. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 522 times   60 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals
  6. Brown Shoe Co. v. United States

    370 U.S. 294 (1962)   Cited 1,842 times   34 Legal Analyses
    Holding judgment final and appealable where district court passed on every prayer for relief in the complaint and ordered full divestiture of stock, although court had not yet approved a divestiture plan
  7. Jefferson Parish Hospital Dist. No. 2 v. Hyde

    466 U.S. 2 (1984)   Cited 810 times   8 Legal Analyses
    Holding that "any inquiry into the validity of a tying arrangement must focus on the market or markets in which the two products are sold, for that is where the anticompetitive forcing has its impact"
  8. Federal Trade Commission v. Indiana Federation of Dentists

    476 U.S. 447 (1986)   Cited 561 times   15 Legal Analyses
    Holding that deference is due FTC's assessment of business practices
  9. Northern Pac. R. Co. v. United States

    356 U.S. 1 (1958)   Cited 1,400 times   5 Legal Analyses
    Finding market power based on the uniqueness of the owned land
  10. United States v. du Pont Co.

    351 U.S. 377 (1956)   Cited 1,248 times   1 Legal Analyses
    Holding relevant market is defined by "commodities reasonably interchangeable by consumers for the same purposes" as subject product; finding, where product was cellophane, relevant product market was "flexible packaging material market"
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 2 - Monopolizing trade a felony; penalty

    15 U.S.C. § 2   Cited 4,455 times   31 Legal Analyses
    In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.
  13. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 3,211 times   76 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
  14. Section 152 - Application of chapter

    47 U.S.C. § 152   Cited 318 times   3 Legal Analyses
    Granting the FCC authority to regulate "interstate and foreign communication by wire or radio" but preventing it from regulating "intrastate communication service"
  15. Section 549 - Competitive availability of navigation devices

    47 U.S.C. § 549   Cited 8 times

    (a) Commercial consumer availability of equipment used to access services provided by multichannel video programming distributors The Commission shall, in consultation with appropriate industry standard-setting organizations, adopt regulations to assure the commercial availability, to consumers of multichannel video programming and other services offered over multichannel video programming systems, of converter boxes, interactive communications equipment, and other equipment used by consumers to