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

[David Kastrup]

Alexander Terekhov <terekhov@web.de> 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