Keywords:US, antitrust, United States Supreme Court, rulings, Mayer Brown, private antitrust law, analysis, Bell Atlantic Corp., Twombly, Credit Suisse First Boston Ltd., Billing

Developments in US antitrust law in general, and recent United States Supreme Court rulings in particular, are the subject of a chapter that Mayer Brown LLP partners Mark McLaughlin, Andrew S. Marovitz, and Britt M. Miller authored for Getting the Deal Through: Private Antitrust Litigation 2008 (Global Competition Review), a compendium of private antitrust law in 27 jurisdictions worldwide. Mayer Brown is a continuing contributor to the annual publication and is the sole firm selected to provide an analysis of US law. The chapter includes a discussion of the significant rulings that are expected to have lasting effects on the adjudication of private antitrust actions in the United States, including three Supreme Court opinions issued in 2007: Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (May 21, 2007) (establishing the pleading standard for antitrust complaints); Credit Suisse First Boston Ltd. v. Billing, 127 S. Ct. 2383 (June 18, 2007) (resolving a conflict between securities and antitrust law in favor of securities law by ruling the challenged conduct immune from antitrust scrutiny); and Leegin Creative Leather Products Inc. v. PSKS Inc., 127 S. Ct. 2705 (June 28, 2007) (overruling the per se rule’s application to vertical price restraints in favor of the rule of reason). In addition, the authors provide answers to frequently asked questions about issues ranging from legislation and jurisdiction to private action procedure, class proceedings, and remedies.

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1 Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2008 , (published in October 2007—contributing editor Samantha Mobley). For further information please visit

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