Reale
Reale v. Google LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DANIEL REALE, Case No. 22-cv-00562-VC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
GOOGLE LLC, et al., Re: Dkt. No. 66 Defendants.
The motion to dismiss the second amended complaint is granted. The monopolization claim under section 2 of the Sherman Act is dismissed because Reale fails to allege an antitrust injury resulting from anticompetitive conduct. 15 U.S.C. § 2. See Federal Trade Commission v. Qualcomm Incorporated, 969 F.3d 974, 990 (9th Cir. 2020). Removing Reale’s videos from YouTube on the basis that they violated the platform’s Terms of Service was not anticompetitive conduct. And any injury Reale suffered as a result of the removal was not “of the type the antitrust laws were intended to prevent” because he was not a competitor of YouTube nor was he overcharged for goods or services. City of Oakland v. Oakland Raiders, 20 F.4th 441, 456 (9th Cir. 2021). The dismissal is without leave to amend. Reale has twice failed to adequately state a monopolization claim, and further leave to amend would be futile. Reale cannot plead that the removal of…