On April 22, 2021, the United States Supreme Court unanimously ruled that § 13(b) of the Federal Trade Commission Act does not permit the Federal Trade Commission (FTC) to seek, or a court to award, equitable monetary relief (e.g., restitution or disgorgement). This decision denies the FTC one of its most important enforcement tools, one … Continue Reading
On September 9, 2020, a federal judge in California dismissed antitrust claims brought by hiQ Labs, Inc. against LinkedIn Corp., holding that hiQ’s antitrust claims failed to properly define the relevant market. This case highlights the rising likelihood of data-related disputes by commercial parties and the potential for data access restrictions to prompt competition claims. … Continue Reading
In hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, 2019 WL 4251889 (9th Cir. Sept. 9, 2019), a Ninth Circuit panel affirmed the district court’s grant of a preliminary injunction in favor of hiQ, which prohibited LinkedIn from denying access to publicly available data on LinkedIn profiles. The Ninth Circuit declares that selectively banning potential … Continue Reading
