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X Corp. has filed a lawsuit against the various advertisers that boycotted X/twitter after Musk took over. The articles I found didn't elaborate much on the lawsuit but what little they do say leaves me wondering what law the advertisers allegedly violated.

I know It's an anti-trust lawsuit, alleging that the companies conspired against X. However, even if one were to agree that this was a conspiracy rather than multiple companies making independent decisions due to brand safety I'm not sure I understand why that would be illegal. I know the Sherman Antitrust Act prevents conspiring to fix wages or prices, but it seems a stretch to say that applies to pulling advertisements.

So a few related questions.

  1. What anti-trust law is allegedly being broken?
  2. Would the law be broken if one accepted the claim of companies conspiring against x/twitter?
  3. what proof is presented of the alleged conspiracy?
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    The article you linked to says that it will likely be difficult for him to prove this, according to legal experts.
    – Barmar
    Commented Aug 7 at 21:31
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    Here is an interesting read on it rollingstone.com/culture/culture-features/…
    – Joe W
    Commented Aug 8 at 1:23
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    This case, briefly quoted in the rolling stone article above, seems to give him much better odds than I expected.
    – User65535
    Commented Aug 8 at 6:55
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    I am somewhat confused by the events here. 1) The CEO of X tells advertisers to leave. 2) Advertisers do as the CEO of X told them to and leave. 3) X sues the advertisers for leaving. Huh? Commented Aug 9 at 13:42
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    While this is a good question, one shouldn't confuse the legal argument as being at all related to Musk's goals . The non-profit coalition of major advertisers that he sued, Global Alliance for Responsible Media, has already shutdown because it cannot afford to fight the lawsuit. This is similar to Musk's lawsuits against other non-profits such as Media Matters and the Center for Countering Digital Hate. The arguments his lawyers make may be academically interesting to consider, but are ultimately moot. No matter what a judge rules on the merits, Musk has already silenced his critics.
    – hackerb9
    Commented Aug 9 at 21:48

2 Answers 2

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The U.S. Justice Department describes what constitutes a conspiracy in restraint of trade:

Price fixing, bid rigging and market allocation are among the group of antitrust offenses that are considered “per se” unreasonable restraints of trade. The courts have reasoned that these practices, which invariably have the effect of raising prices to consumers, have no legitimate justification and lack any redeeming competitive purpose and should, therefore, be considered unlawful without any further analysis of their reasonableness, economic justification, or other factors. For most other antitrust offenses, the courts have established an analytical approach labeled the “rule of reason.” Under the “rule of reason,” the courts must undertake an extensive evidentiary study of (1) whether the practice in question in fact is likely to have a significant anticompetitive effect in a relevant market and (2) whether there are any procompetitive justifications relating to the restraint. Under the “rule of reason,” if any anticompetitive harm would be outweighed by the practice’s procompetitive effects, the practice is not unlawful. Virtually all antitrust offenses likely to be prosecuted by a United States Attorney’s office will be governed by the “per se” rule.

Establishing that this is an illegal restraint of trade under the "rule of reason" would be challenging for Musk in this case. There are legitimate business reasons that are not anti-competitive to drop Twitter such as the tarnished brand image. Marketing decisions are particularly open to "soft" considerations like that.

It also requires a showing of a conspiracy between the alleged participants as opposed to independent decision making, as explained at the same link, which would be at least challenging in this case:

Conspiracy or Agreement: The conspiracy or agreement to fix prices, rig bids or allocate markets is the key element of a Sherman Act criminal case. In effect, the conspiracy must comprise an agreement, understanding or meeting of the minds between at least two competitors or potential competitors, for the purpose or with the effect of unreasonably restraining trade. The agreement itself is what constitutes the offense; overt acts in furtherance of the conspiracy are not essential elements of the offense and need not be pleaded or proven in a Sherman Act case.

In a Sherman Act criminal case, general intent must be proven. Customarily, however, proof of the existence of a price fixing, or bid rigging or market allocation agreement is sufficient to establish intent to do what the defendants agreed among themselves to do.

The agreement need not be embodied in express or formal contractual statements. It must merely constitute some form of mutual understanding that the parties will combine their efforts for a common, unlawful purpose. The ultimate success of the venture is immaterial as long as the agreement is in fact formed.

Knowingly Joining the Conspiracy: To find the defendant acted knowingly, it must be shown that the defendant acted voluntarily and intentionally rather than because of a mistake, accident, or other innocent reason. The defendant must have joined the conspiracy with the intent to assist or advance the object or purpose of the conspiracy. The government need not show that the defendant knew all the details or members of the conspiracy nor that the defendant participated in all the conspiratorial acts. Also, it is not necessary for the defendant to have participated in the origination of the conspiracy. Of course, mere knowledge of the conspiracy without participation in the conspiracy does not make a defendant a member of the conspiracy. In addition, a defendant who knowingly directs another person to participate in the conspiracy is responsible for the conduct s/he directed just as if s/he directly participated in the conduct. If a defendant is shown to have joined a conspiracy, the defendant is presumed to remain a member of the conspiracy until the conspiracy has been completed or abandoned or until the defendant has withdrawn from the conspiracy.

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    Marketing decisions may also be owed added deference due to First Amendment considerations. Congress cannot simply order a company to market itself in a particular way.
    – Kevin
    Commented Aug 8 at 19:34
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    @nick012000 That would require that not advertising on twitter was not some kind of speech against twitter's conduct. If it is some kind of speech, then it falls under 1st amendment protection and no damages can be awarded.
    – Trish
    Commented Aug 8 at 20:50
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    @nick012000 A First Amendment defense would be a bar to liability of any kind.
    – ohwilleke
    Commented Aug 8 at 20:50
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    What exactly constitutes "market allocation?" While it doesn't sound like any price fixing or big rigging is being alleged, just the plain language of "market allocation" sounds like it might apply here, but I'm not sure what the legal definition of it is.
    – reirab
    Commented Aug 9 at 5:56
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    @reirab An example of market allocation would be Albertsons conspiring with Kroger to let Albertsons have all of the Western suburbs of Denver while Kroger got all of the Eastern suburbs of Denver.
    – ohwilleke
    Commented Aug 9 at 6:39
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The claim is here: X Corp v. World Federation of Advertisers et al.

The alleged anti-trust violation is restraint of trade, in particular, a "group boycott" akin to price-fixing or other activities that limit a party's ability to enter into transactions. ohwilleke sets out what is required to establish this kind of violation.

X Corp. alleges that:

As a condition of GARM membership, GARM’s members agree to adopt, implement, and enforce GARM’s brand safety standards, including by withholding advertising from social media platforms deemed by GARM to be non-compliant with the brand safety standards. ...

...

Pursuant to the conspiracy, major brand advertisers, including the advertiser Defendants and dozens of non-defendant co-conspirators, agreed to and did, abruptly and in lockstep, boycott Twitter by discontinuing entirely or substantially reducing their previously substantial advertising purchases from Twitter.

...

The Defendants and their co-conspirators have market power, called monopsony power on the buy side, in the relevant market, controlling ninety percent or more of spending in the relevant market.

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Due to the boycott of Twitter, prices charged by Twitter for advertising declined substantially beginning in November 2022 and remain well below those charged by X’s closest competitors in the social media advertising market.

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As a result of the boycott, X became a less effective competitor to other social media platforms in the sale of digital advertising and in competing for user engagement on its platform. By sharply curtailing its revenues, the boycott has reduced X’s ability to invest in new or improved functionality, thus harming the consumers who use X’s platform.

You also ask "what proof is presented?" In a pleading, it is inappropriate to submit proof. The pleadings only contain alleged facts that the party intends to prove. The proof comes later. You can read the alleged facts in the pleading linked above.

There are many ways to prove alleged facts. See How do you prove a fact at issue in litigation?

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    And, in fairness, the claim probably isn't a strong one and verges on frivolous.
    – ohwilleke
    Commented Aug 7 at 21:37
  • Thank you for your answer, but you still didn't cover my second question entirely. Even if there was a conspiracy, is it against the law? The companies don't seem to have anything to gain from not advertising with twitter other then brand safety. Does group boycott require the companies to be trying to fix prices, stifle competition, or otherwise have a financial gain? I'm not an expert in this, but I'd think that a conspiracy that was not for financial gain for the company wouldn't actually be illegal? Note I don't think there was a conspiracy either.
    – dsollen
    Commented Aug 8 at 14:23
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    @dsollen Some of the sued companies are ad-distributors, they have nothing to gain from putting their customer's ads on twitter but to lose their customers. They gain retaining their customers from cutting out twitter. However, Twitter wood need to show somehow that the companies did coordinate their action in some way as a form of Group Boycott. If they all independently saw "Advertizing there is bad business, our customers would run", that is not illegal.
    – Trish
    Commented Aug 8 at 16:24
  • @dsollen That's for the court to decide. Musk's lawyers presumably think they have a case (or they weren't able to convince Musk otherwise).
    – Barmar
    Commented Aug 8 at 16:29
  • Musk seems to be claiming that joining GARM and agreeing to follow its policies is that coordination. They're not making independent decisions, they're implementing the group guidelines.
    – Barmar
    Commented Aug 8 at 16:32

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