Tremont Public Advisors, LLC v. Connecticut Resources Recovery Authority

Summary

The court held that an antitrust plaintiff must adequately plead both an antitrust injury and that it is an efficient enforcer, making the issue one of subject matter jurisdiction to be raised by motion to dismiss. Allegations that a public agency awarded a contract through sham bidding and in exchange for illegal lobbying services did not establish antitrust injury because they did not show that competition or the purchaser's freedom of choice was restrained. The court vacated the judgment granting the motion to strike and remanded with direction to grant the motion to dismiss.