On February 15, 2021, Kovacevich (hereinafter, the “Plaintiff”), represented by Dennis Stewart of Gustafson Gluek PLLC, individually and on behalf of others similarly situated, filed an antitrust class action lawsuit against Facebook, Inc. (“Facebook”), seeking injunctive relief, declaratory relief and treble damages for Facebook’s alleged longstanding and continuing violations of section 2 of the Sherman Act, 15 U.S.C. § 2 and alleged violations of California state statutory and common law. This case was filed in U.S. District Court in the Northern District of California with Judge Lucy H. Koh presiding.
Pursuant to Federal Rule of Civil Procedure 23(b)(3), Plaintiff asserted claims on behalf of all persons or entities in the United States who maintained a Facebook profile at any point from 2007 up to the date of the filing of the action.
In the complaint, the Plaintiff alleged that “coupled with the network effects and high barriers to entry in the Social Network Markets, Facebook’s anticompetitive conduct allows it to extract supracompetitive rents from users in the form of personal data and attention and deliver minimum, suboptimal privacy protections and overall quality.”
Plaintiff alleged that “for years, Facebook has engaged in a pattern of deception about the amount of data it obtains and the extent of the data harvesting and use by third parties its platform has long enabled,” Plaintiff also alleged that “while Facebook increased its market power through consumer deception about its data privacy practices, Facebook also sought to protect and expand its monopoly by regularly destroying and acquiring competitive threats, and it used its market power and data advantage to anticompetitively achieve its monopolistic objectives.”
Further, the Plaintiff alleged that “In all of its conduct surrounding potential acquisitions, Facebook intentionally surveilled, copied, acquired, and killed competitors with the specific intent, and result, of destroying competition… In addition, Facebook has sometimes acquired companies without the goal of incorporating them into its own business, but rather, simply to eliminate the competitor, a practice referred to as “catch and kill.”
There are five claims for relief laid down by the Plaintiff. The first claim is for violation of the Sherman Act, 15 U.S.C. § 2 for the alleged monopolisation of the social network market. The second claim pursuant to the violation of the Sherman Act 15 U.S.C. § 2 is for attempted monopolisation of the social network market. The third claim relates to unjust enrichment pursuant to California Common Law. The fourth claim is for violation of California Unfair Competition Law Cal. Bus. & Prof. Code §§ 17200, et seq. and the fifth claim for violation of the Cartwright Act Cal. Bus. & Prof. Code 16700 et seq.
In the prayer for relief, the Plaintiff requested the court to certify the action as a class action under Fed. R. Civ. 23 and to pass an order for injunctive and other equitable relief as is necessary to protect the interests of the Class. The Plaintiff further requested the court for declaratory relief and an award for treble damages or, alternatively, restitution and/or disgorgement of all amounts wrongfully charged to and received from Plaintiff and members of Class with prejudgment and post judgment interest and the costs of litigation.
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Pending - Other Pending
Other - Antitrust
Lucy H. Koh
Dianne M. Nast
Daniel E. Gustafson
Kenneth A. Wexler
Daniel J. Nordin
Mark John Tamblyn
E. Powell Miller
Catherine Sung-Yun K. Smith
Simon Bahne Paris
Daniel C. Hedlund
Sharon S. Almonrode
Ling S. Wang
Civil Cover Sheet
Docket(#13) Case Management Order. Signed by Judge Lucy H. Koh on 4/2/2021. (lhklc2, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)[+] Read More [-] Read Less
Docket(#12) Case Management Order. Signed by Judge Lucy H. Koh on 3/18/2021. (lhklc2, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)[+] Read More [-] Read Less
Docket(#11) ORDER by Judge Lucy H. Koh Appointing Interim Class Counsel and Plaintiffs' Executive Committees. (lhklc2, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)[+] Read More [-] Read Less
Docket(#10) Case reassigned to Judge Lucy H. Koh. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (haS, COURT STAFF) (Filed on 2/26/2021) (Entered: 02/26/2021)[+] Read More [-] Read Less
Docket(#9) Order Relating and Consolidating Cases. Signed by Judge Lucy H. Koh on 2/25/2021. (lhklc2, COURT STAFF) (Filed on 2/25/2021) Modified on 3/1/2021 (kedS, COURT STAFF). *** For Further Docket Entries See Lead Consolidated Action 5:20-cv-08570-LHK *** (Entered: 02/25/2021)[+] Read More [-] Read Less
Docket(#8) WAIVER OF SERVICE Returned Executed filed by Joe Kovacevich. Service waived by Facebook, Inc. waiver sent on 2/16/2021, answer due 4/19/2021. (Stewart, Dennis) (Filed on 2/25/2021) (Entered: 02/25/2021)[+] Read More [-] Read Less
Docket(#7) Order, signed 2/17/2021 by Magistrate Judge Joseph C. Spero granting #4 Motion for Pro Hac Vice - Almonrode.(klhS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)[+] Read More [-] Read Less
Docket(#6) Summons Issued as to Facebook, Inc.. (gbaS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)[+] Read More [-] Read Less
Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/14/2021. Initial Case Management Conference set for 5/21/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (gbaS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)[+] Read More [-] Read Less
Docket(#4) MOTION for leave to appear in Pro Hac Vice (Filing fee $ 317.00, receipt number 0971-15578870.) filed by Joe Kovacevich. (Almonrode, Sharon) (Filed on 2/16/2021) Modified on 2/17/2021 (gbaS, COURT STAFF). (Entered: 02/16/2021)[+] Read More [-] Read Less
Docket(#3) Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/2/2021. (haS, COURT STAFF) (Filed on 2/16/2021) (Entered: 02/16/2021)[+] Read More [-] Read Less
Docket(#2) Proposed Summons. (Stewart, Dennis) (Filed on 2/15/2021) (Entered: 02/15/2021)[+] Read More [-] Read Less
Docket(#1) CLASS ACTION COMPLAINT; Jury Trial Demanded against Facebook, Inc. (Filing fee $ 402.00, receipt number 0971-15576756.). Filed by Joe Kovacevich. (Attachments: #1 Civil Cover Sheet) (Stewart, Dennis) (Filed on 2/15/2021) Modified on 2/17/2021 (gbaS, COURT STAFF). (Entered: 02/15/2021)[+] Read More [-] Read Less