Sixth Circuit -- Erie County v. Morton Salt Inc.

Pleadings in an antitrust claim need not contain evidence that tends to exclude the possibility of lawful behavior - this is the summary judgment rule, not the motion to dismiss rule.

12(b)(6) rule is that pleadings must plausibly raise an inference of unlawful agreement.

Bidding irregularities insufficient -- plausibly lawful parallel conduct.

Plaintiff municipality's disinclusion from allegedly prejudicial statutory scheme goes to merits, not standing, as the harm of the statutory scheme comes from the conspiracy alleged.

 Erie County v. Morton Salt Inc.