Datel Holdings Ltd. v. Microsoft Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

Plaintiff Datel Holdings filed this action against Defendant Microsoft for violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 , 2, and Section 3 of the Clayton Act, 15 U.S.C. § 14 , alleging that Defendant unlawfully monopolized the relevant markets for the Xbox 360 online video game system and Xbox 360 accessories. The complaint contains six claims: (1) violation of the Sherman Act: Monopolization and Attempted Monopolization of the Aftermarket for Xbox 360 Accessories and Add-ons; (2) violation of the Sherman Act: Monopolization and Attempted Monopolization of the Multiplayer Online Dedicated Gaming Systems Market; (3) violation of the Sherman Act and Clayton Act: tying arrangement; (4) violation of California Business & Professions Code section 17200; (5) common law unfair competition; and (6) Intentional Interference with Prospective Economic Advantage. On January 22, 2010, Defendant filed this motion to dismiss, which Plaintiff opposed. On March 9, 2010, the Court held a hearing on Defendant’s motion. For the reasons stated at the hearing and in this Order, Defendant’s motion is granted…