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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)


From: Alexander Terekhov
Subject: Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)
Date: Wed, 17 May 2006 17:23:11 +0200

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." 

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?

regards,
alexander.


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