Tundra, Inc. v. Faire Wholesale, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TUNDRA, INC., Case No. 23-cv-02513-AMO
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS WITH LEAVE
TO AMEND
FAIRE WHOLESALE, INC., Re: Dkt. No. 27 Defendant.
12 Defendant Faire Wholesale, Inc.’s (“Faire”) Motion to Dismiss the Complaint was heard before this Court on December 7, 2023. This Order following the hearing assumes familiarity with the facts of the case, the parties’ arguments, and the relevant legal standard on a motion to dismiss. “A threshold step in any antitrust case is to accurately define the relevant market, which refers to ‘the area of effective competition.’” FTC v. Qualcomm Inc., 969 F.3d 974, 992 (9th Cir. 2020) (quoting Ohio v. Am. Express Co. (“Amex”), 138 S. Ct. 2274, 2285, (2018)). “While plaintiffs need not plead a relevant market with specificity, ‘[t]here are . . . some legal principles that govern the definition of an antitrust “relevant market,” and a complaint may be dismissed …