Feitelson
Feitelson v. Google Inc.
Opinion
Lead Opinion
Freeman, J.
ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND
[Re: ECF 38]
In this putative class action antitrust case, plaintiffs Gary Feitelson and Daniel McKee (collectively, “Plaintiffs”) allege that defendant Google, Inc. (“Defendant”) restrains .trade in the market for Internet search through confidential agreements with cell phone manufacturers. Before the Court is Defendant’s Motion to Dismiss First Amended Complaint. Def.’s Mot., ECF 38. The Court heard oral argument on the matter on December 18, 2014, after which it deemed the matter submitted. After careful consideration of the parties’ respective written submissions and oral argument, the Court hereby GRANTS Defendant’s Motion to Dismiss with leave to amend certain claims.
I. BACKGROUND
The following facts are taken from the First Amended Class Action Complaint (“FAC”) and are assumed to be trae.
A. Parties
Plaintiffs are consumers who purchased mobile phones connected to Defendant’s alleged anticompetitive conduct. Mr. Fei-telson owns an HTC EVO 3D mobile phone purchased in Louisville, Kentucky. FAC ¶ 15, ECF 31. Mr. McKee owns a Samsung Galaxy S III mobile phone purchased in Des Moines, Iowa. 1…