On March 4, 2019, the Eleventh Circuit affirmed the dismissal of several antitrust claims in Quality Auto Painting Ctr. of Roselle, Inc. v. State Farm Indem. Co. The decision was a victory for WLF, which filed an amicus brief in the case cautioning the court that adopting the plaintiffs’ position would permit antitrust plaintiffs to cite mere parallel conduct among competitors as a sufficient basis for pleading an antitrust violation. In its brief, WLF urged the appeals court to affirm the lower court’s dismissal in light of the Supreme Court’s holding in Twombly v. Bell Atlantic Corp., which requires antitrust plaintiffs to assert more than mere parallel conduct among competitors to plead the existence of a conspiracy. As the en banc court’s decision makes clear, because parallel conduct, standing alone, can just as easily reflect a rational and competitive business strategy as it does an illicit conspiracy, it cannot serve as the basis for an antitrust complaint.


11th Circuit en banc ruling

En banc court brief

Brief in support of rehearing en banc