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The Parler antitrust case against Amazon AWS is weaker than a wet noodle.
Yes, I am going to beat this dead horse. THREAD. /1 https://twitter.com/Reuters/status/1348701229585752064
Yes, I am going to beat this dead horse. THREAD. /1 https://twitter.com/Reuters/status/1348701229585752064
It's not surprising to see Parler attempting to use antitrust laws to force Big Tech back into doing business with them. Antitrust seems like everyone's fix-it tool these days. But Parler wields this tool particularly ineptly. /2
In duscussion with my colleagues, we agree that no one should be surprised at the quick dismissal for failure to state a claim that Amazon has probably already drafted. /3
The complaint itself notes, “To state a claim under Section 1 [of the Sherman Act], a plaintiff must allege facts that, if true, will prove: (1) the existence of a conspiracy...” Yet Parler alleges no such conspiracy; it doesn't even name Twitter as an alleged co-conspirator. /4
Instead, Parler claims AWS’s “reasons for [terminating Parler’s conract] are not consistent with its treatment of Twitter, indicating a desire to harm Parler.” Nowhere does the complaint allege that AWS conspired with Twitter to do so; thus, there can be no Section 1 claim. /5
Nor is any other antitrust claim remotely feasible. Sherman Act Section 2, on exceedingly rare occasions, prohibits a refusal to deal with a competitor. But Parler doesn't compete against AWS, and the complaint alleges no market power. /6
The Robinson-Patman Act prohibits treating different buyers differently in some case but applies only to the sale of commodities (like cars), not services (like web hosting). /7
One of my colleagues who knows antitrust litigation much better than I do concluded that "Parler will be lucky to escape this lawsuit without being sanctioned for filing a frivolous pleading." /END
Others have autopsied this DOA complaint, including it's non-antitrust claims. See this thorough and savage thread by @AkivaMCohen. https://twitter.com/AkivaMCohen/status/1348986942696935428?s=20
See also @ProfWrightGMU, who just needs one tweet to say what I said in eight: https://twitter.com/ProfWrightGMU/status/1348697904307986434?s=20
