September 18, 2020

Volume X, Number 262

September 17, 2020

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September 16, 2020

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September 15, 2020

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Claim That LinkedIn Has a ‘People Analytics’ Monopoly Fails

hiQ Labs Inc., a new employment tech firm, sued professional network giant LinkedIn for abuse of its market power. Specifically, the startup-alleged LinkedIn blocked its access to public information.

This month, U.S. Judge Edward M. Chen of the Northern District of California took a huge bite out of the case, saying hiQ’s definition of the people analytics market was vague. Antitrust plaintiffs need to be precise in defining markets and, in this case, hiQ missed the mark.

Judge Chen also ruled that LinkedIn was not shielded from the antitrust and interference claims by the Noerr-Pennington doctrine nor the California litigation privilege.

The judge gave hiQ an opportunity to amend its theories of unilateral refusal to deal and essential facilities doctrine claims.

Read the opinion: hiQ Labs, Inc. v. Linkedin Corporation, 3_17-cv-03301, No. 158 (N.D.Cal. Sep. 9, 2020)

© MoginRubin LLPNational Law Review, Volume X, Number 259


About this Author

Competition law is known as “antitrust law” in the United States, as both “antitrust” and “competition law” in the European Union and as “anti-monopoly” laws in other jurisdictions.  MoginRubin lawyers have been leaders in antitrust law for over 35 years, helping companies fight for their place in the market through litigation in federal and state courts around the country and representing their interests before the Department of Justice, the Federal Trade Commission, Congress and state legislatures.  With the combined experience of private litigators, economists and...