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Extract to table / memorandum-in-support-of-motion-to-dismiss.docx
memorandum-in-support-of-motion-to-dismiss.docx
Parties
HARKNESS LLP
Defendants Northgate Telecommunications PLC
Northgate Networks America Inc
Plaintiff Ridgepoint Communications Inc
Harborview Holdings Inc
Aspen Highlands Skiing Corp
Defendant Northgate Telecommunications PLC
Defendant Northgate Networks America Inc
Dates
November 14, 2022
June 14, 2020
June 15, 2015
May 8, 2020
September 19, 2022
February 7, 2023
Amounts
$1.8
$5.96
$2.41
$11.3
$387
$510
$14,400
$12,000
$2,400
$7,200
Obligations
Under this standard, a complaint must be dismissed unless it alleges "enough facts to state a claim to relief that is plausible on its face
In Twombly, which was itself an antitrust case, the Supreme Court cautioned that courts must ensure that antitrust claims rest on more than "labels and conclusions" or a "formulaic recitation of the elements of a cause of action
In ruling on a motion to dismiss, the Court must accept all well-pleaded factual allegations as true and draw all reasonable inferences in favor of the plaintiff
Any departure from this principle must be grounded in the extraordinary circumstances recognized in Aspen Skiing — circumstances that the Complaint here does not and cannot allege
Because there was no prior voluntary course of dealing at the fourteen disputed facilities, the Aspen Skiing threshold requirement is not met, and the Complaint must be dismissed
The Legal Standard for Market Definition at the Pleading Stage A plaintiff asserting a Section 2 monopolization claim must plausibly allege a relevant product market and a relevant geographic market