By Memorandum Opinion entered by The Honorable Leonard P. Stark in Kickflip, Inc. v. Facebook, Inc., Civil Action No. 12-1369-LPS (D.Del., September 27, 2013), the Court denied defendant Facebook, Inc.’s (“Facebook”) motion to dismiss the complaint of plaintiff Kickflip, Inc. (“Kickflip”) which alleges antitrust violations and tortious interference in connection with Facebook’s virtual-currency service, Facebook Credits, and Facebook’s social-gaming network. Among other things, Facebook argued that Kickflip failed to define the markets for virtual-currency service and social-game networks and to allege that Facebook has monopoly power in the relevant markets. Id. at 6 and 10. The Court disagreed with Facebook and found that Kickflip’s descriptions of the relevant markets were sufficient to survive Facebook’s motion to dismiss. Id. at 11-12. Moreover, the Court concluded that the complaint adequately alleged facts that supported a plausible inference that Facebook had monopoly power in the relevant markets. Id. at 12-14.
A complete copy of the Memorandum Opinion is attached.