Horizontal scheme; "upon information and belief"

"Plaintiffs allege upon information and belief that [local telephone carriers] have entered into a contract, combination or conspiracy to prevent competitive entry in their respective local telephone and/or high speed internet services markets and have agreed not to compete with one another and otherwise allocated customers and markets to one another."

"[T]his is a case in which there is no dispute about the substantive law. If the defendants acted independently, their conduct was perfectly lawful.  If, however, that conduct is the product of a horizontal agreement among potential competitors, it was unlawful.  Plaintiffs have alleged such an agreement and, because the complaint was dismissed in advance of answer, the allegation has not even been denied."

"Because the plaintiffs here have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed."