Sambreel Holdings LLC v. Facebook, Inc.

906 F. Supp. 2d 1070, 2012 WL 5995240, 2012 U.S. Dist. LEXIS 178528
CourtDistrict Court, S.D. California
DecidedNovember 29, 2012
DocketCivil No. 12cv668-CAB (KSC)
StatusPublished
Cited by11 cases

This text of 906 F. Supp. 2d 1070 (Sambreel Holdings LLC v. Facebook, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sambreel Holdings LLC v. Facebook, Inc., 906 F. Supp. 2d 1070, 2012 WL 5995240, 2012 U.S. Dist. LEXIS 178528 (S.D. Cal. 2012).

Opinion

[1073]*1073ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION AND GRANTING MOTION TO DISMISS [Doc. Nos. 3, 22]

CATHY ANN BENCIVENGO, District Judge.

Before the Court are Plaintiffs’ Motion for Preliminary Injunction [Doc. No. 3] and Defendant’s Motion to Dismiss for Failure to State a Claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [Doc. No. 22.]1 The Court heard oral argument on both motions on August 9, 2012. Robert Klinck, Esq., Daniel Kotchen, Esq., and Gregory Olson, Esq. appeared on behalf of the Plaintiffs. James Basile, Esq., and Elizabeth Deeley, Esq. appeared on behalf of Defendant. The Court accepted supplemental briefing from the parties following the motion. [Doc. Nos. 54, 56, 57.] Upon consideration of the papers, and argument of counsel, for the reasons set forth below, the Motion for Preliminary Injunction is DENIED, and the Motion to Dismiss is GRANTED.

I. BACKGROUND

This case arises out of Plaintiffs’ allegations that Facebook attempted to eliminate competition in the sale of online display advertising impressions, and thus violated the antitrust laws. Sambreel also brings pendant state claims for unfair business practices, intentional interference with contract, and intentional interference with prospective economic advantage.

Defendant Facebook maintains a social networking website, and operates a platform through which third-party developers distribute and operate applications, including those that allow users to customize the appearance of their Facebook pages and online games. Facebook makes money by selling display advertising on its site, and, according to the Complaint, is the single largest supplier of advertising impressions on the internet. [Doc. No. 1 (“Compl.”) at ¶ 1.] Plaintiffs Sambreel Holdings, LLC, Yontoo LLC, and Theme Your World, LLC (collectively, “Sambreel”) allege that they offer products that “add functionality to web browsers.” [Compl., ¶ 2.] One of Sambreel’s first products was “PageRage,” a product which allows users to add designs that are displayed when they visit Facebook’s website. Rather than altering Facebook’s programming, Plaintiffs allege that PageRage operates by “adding layers to the web browser residing on its users’ computers. The designs added by PageR-age are visible only to individuals who have installed the Yontoo Platform and enabled the PageRage application.” Id.

Plaintiffs allege that PageRage, and Sambreel’s other products, compete with Facebook in the sale of display advertising impressions. Id. Specifically, Plaintiffs allege that PageRage offers advertisers “an alternative means to display advertising to individuals while they are accessing the Facebook website.” Id.

According to the Complaint, from October 2008 through July of 2009, PageRage included the browser add-on along with an application that operated on the Facebook Platform, and generated approximately $100,000 in monthly revenues. In July 2009, Facebook approached Sambreel, and explained that PageRage needed to be operated independent of the Facebook Platform, and requested that the application not operate on the Platform. Plaintiffs allege that Facebook did not object to the browser add-on, and even offered suggestions on how Sambreel could operate the product without the application. Sambreel [1074]*1074removed the application from the Platform. Id. at ¶ 3.

Plaintiffs allege that between July 2009 and October 2010, PageRage grew significantly, and was regularly garnering more than 1 million users per day, and generating more than $1 million in monthly revenues. At that point, Facebook’s counsel sent a letter to Sambreel objecting to PageRage, and Sambreel worked with counsel, and believed the parties had resolved the issue by early 2011. Id. at ¶ 4.

By mid-July 2011, PageRage had grown to more than 4 million users per day, and, according to Plaintiffs, had grown into a legitimate competitor in the sale of online display advertising impressions. Plaintiffs allege that Faeebook was threatened by PageRage because it offered advertisers a low-cost alternative to purchasing advertisements from Faeebook. Id.

Plaintiffs allege that Faeebook pursued an anticompetitive scheme designed to eliminate Sambreel as a competitive threat by 1) organizing a group boycott of Sambreel, enlisting application developers and advertising partners to agree not to deal with advertising partners who do business with PageRage; and 2) “gating” consumers who had downloaded PageRage by scanning consumers’ browsers to discern whether they had downloaded the product, and requiring them to remove the entire Yontoo platform from their computers (disabling all Sambreel products) before they were allowed to log into Faeebook. Id. at ¶¶ 5-6.

Within two weeks of the “gating” campaign, Sambreel alleges that it lost more than one million users of its products. Id. at ¶ 6. Faeebook agreed to stop gating only when Sambreel agreed that it would no longer advertise on PageRage, thereby eliminating PageRage as a competitive advertising alternative to Faeebook. On December 22, 2011, Sambreel took down all PageRage ads and stopped generating any revenue through PageRage. Id.

Plaintiffs allege that Facebook’s scheme has restrained competition because it “eliminated a low cost, direct substitute to Faeebook for display advertising (PageR-age), stopped Sambreel’s growth in the sale of internet display ads, and left Face-book as the only supplier of display advertising impressions experiencing meaningful growth.” Id. at ¶ 7. Sambreel also alleges that Facebook’s conduct has devastated its business, forcing it to terminate more than half its workforce, cease developing new products, and suffer significant financial losses. Id.

Sambreel pleads that there are three relevant product markets pertaining to its antitrust claims: 1) the market for social networking services, 2) the market for products that allow users to customize or enhance social networking websites, and 3) the market for online display advertising, including the submarket for display advertising to social media users. Id. at ¶¶ 49-64.

II. MOTION TO DISMISS

Because Sambreel’s success on its preliminary injunction motion is dependent upon its likelihood of success on the merits of this matter, the Court will first consider Defendant’s arguments on the motion to dismiss. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). In its motion to dismiss, Faeebook argues that it took the steps it did in self defense against an illegitimate invasion of its business, and that the antitrust laws do not require Facebook to make its business or its website available to Sambreel. Faeebook further avers that its actions to protect its users from- Sambreel’s “adware” does not constitute anticompetitive conduct.

[1075]*1075A. LEGAL STANDARD

Federal Rule of Civil Procedure

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Short v. ZBS Law LLP
N.D. California, 2025
Entri LLC v. GoDaddy.com LLC
E.D. Virginia, 2024
De Coster v. Amazon.com Inc
W.D. Washington, 2023
Sitelink Software, LLC v. Red Nova Labs, Inc.
2016 NCBC 43 (North Carolina Business Court, 2016)
Kickflip, Inc. v. Facebook, Inc.
999 F. Supp. 2d 677 (D. Delaware, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
906 F. Supp. 2d 1070, 2012 WL 5995240, 2012 U.S. Dist. LEXIS 178528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sambreel-holdings-llc-v-facebook-inc-casd-2012.