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Hastings Science and Technology Law Journal

Authors

Ram Bhadra

Abstract

The United States Court of Appeals for the Ninth Circuit should reconsider the merits of hiQ Labs’ antitrust arguments against Microsoft after the Supreme Court of the United States vacated the district court’s judgement and remanded hiQ Labs, Inc. v. LinkedIn Corp. back to the district court. LinkedIn and its parent company Microsoft have violated Section 2 of the Sherman Antitrust Act by denying its direct competitor, hiQ Labs, in the downstream people data analytics market access to data available publicly and exclusively on LinkedIn. Limiting the consumers’ and recruiters’ option of downstream people data analytics tools to only the tools offered by LinkedIn is a violation of Section 2 of the Sherman Antitrust Act.

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