Alexander Terekhov <[EMAIL PROTECTED]> writes: > Let's try once again, dak. > > The judge admits that Wallace alleges predatory pricing and yet > dismisses "based on failure to allege an anticompetitive effect". > > Now, under 12(b)(6) standard, "the court accepts the allegations > in the complaint as true, and it draws all reasonable inferences > in favor of the plaintiff."
But there is no substance to be found to support an allegation. For example, I can allege a person to be a rapist, but if there is no purported victim, I can't make a case from that. Just waving some term around does not mean that there is a legal base for waving the term around. > Inference of requisite anticompetitive effect from the allegations > in the complaint is no rocket science -- "predatory pricing has the > requisite anticompetitive effect" (ARCO). > > Where am I wrong, dak? Where is the anticompetitive effect? -- David Kastrup, Kriemhildstr. 15, 44793 Bochum _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
