The states sought to unwind Meta’s prior acquisitions of Instagram and WhatsApp. The court concluded that the case did not involve a per se market allocation agreement, which requires a “cessation of ‘meaningful competition’ in the allocated market.” Although the court observed that there were statements among the alleged conspirators “suggesting a blanket agreement not to hire,” it concluded that the alleged agreement “had so many exceptions that it could not be said to meaningfully allocate the labor market.” For more information about the DOJ’s recent labor market prosecutions, see our client alert.ĭC Circuit Affirms Dismissal of State Claims Against Meta.On April 27, the DC Circuit affirmed the district court’s decision to dismiss an antitrust action that a group of states brought against Meta in 2020. Patel et al., finding that no reasonable juror could convict the six accused aerospace executives of violating Section 1 of the Sherman Act based on the evidence presented. On April 28, a Connecticut federal judge granted defendants’ motion for acquittal in U.S. DOJ Loses Another Criminal No Poach Case.
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