California Appellate Tracker

Dreamstime.com, LLC v. Google LLC, No. 20-16472, 2022 U.S. App. LEXIS 33550 (9th Cir. Dec. 6, 2022)

December 13, 2022

An online supplier of stock images, plaintiff tried but failed to allege a viable Sherman Act section 2 monopolization claim against Google. It tried to allege only a monopolization of the online search advertising market in which it did not compete rather than the online search market in which it did compete. To state a section 2 claim, the plaintiff must allege : (1) the defendant has monopoly power in the relevant market, and (2) the defendant has willfully acquired or maintained monopoly power in that market by anticompetitive activity. Plaintiff alleged only conduct that harmed it as an individual competitor in stock images, not that harmed competition in the online search advertising market.

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California Appellate Tracker

Dreamstime.com, LLC v. Google LLC, No. 20-16472, 2022 U.S. App. LEXIS 33550 (9th Cir. Dec. 6, 2022)

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