Liveuniverse, Inc. v. Myspace, Inc.

MEMORANDUM ***

LiveUniverse, Inc. (“LiveUniverse”) appeals the district court’s dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of its monopolization and attempted monopolization claims under § 2 of the Sherman Act, as well as its state-law unfair business practices claim. Because *556 LiveUniverse’s amended complaint does not sufficiently allege exclusionary conduct or causal antitrust injury, we affirm the district court’s dismissal for failure to state a claim.

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and we review de novo the district court’s dismissal of a complaint under Federal Rule of Civil Procedure 12(b)(6). Kendall v. Visa U.S.A., Inc., 518 F.3d 1042, 1046 (9th Cir. 2008). “All allegations of material fact in the complaint are regarded as true and construed in the light most favorable” to the plaintiff. Glen Holly Entm’t, Inc. v. Tektronix, Inc., 352 F.3d 367 , 368 (9th Cir.2003).

To state a monopolization claim under § 2 of the Sherman Act, LiveUniverse must sufficiently allege that MySpace “(1) possessed monopoly power in the relevant market, (2) wilfully acquired or maintained that power through exclusionary conduct and…