On July 14, 2023, U.S. District Court Judge Katherine Polk Failla denied Defendants’ Motion to Dismiss – allowing Plaintiffs to move forward – on Plaintiffs’ claim of unlawful monopolization under Section 2 of the Sherman Act, as well as on Plaintiffs’ claims of unlawful conduct under New York’s General Business Law § 349(a) prohibiting deceptive acts and practices) and under Connecticut’s similar Unfair Trade Practices Act § 42-110(b).

Judge Failla granted Defendants’ Motion as to Plaintiffs’ claims under Section 1 of the Sherman Act and on Plaintiffs’ request for a declaratory judgment on copyright and breach of contract claims.

The Opinion and Order can be found here.

Defendants will file their Answers on September 8, 2023 to the Sherman Act monopolization claim and the state law claims in Plaintiffs’ Second Amended Complaint.


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