Meta Defeats Instagram Shopping Monopoly Lawsuit for Now

Meta Platforms persuaded a U.S. federal judge to dismiss a lawsuit that accused the company of illegally monopolizing shopping on Instagram by stealing the business plan of a ​now-defunct startup.
Here are the details:

U.S. Magistrate Judge Virginia DeMarchi in San Jose, California, on ‌Friday dismissed, opens new tab claims brought by London-based Ollywan, which had alleged last year that Meta copied its concept for a “tag-based” shopping platform before launching Instagram Shopping in 2016.

Ollywan alleged Meta violated U.S. antitrust law by integrating Instagram with Instagram Shopping, ​which lets users buy products tagged in posts. Ollywan in 2016 launched Winstag as ​a photo-sharing app with product tagging and affiliate shopping features. The startup claimed ⁠its chief executive shared a business plan with Meta executives under assurances of confidentiality.

DeMarchi said Ollywan’s ​antitrust claims were filed too late and failed to plausibly show harm to competition.
Meta has denied any ​wrongdoing. “Ollywan seeks to misuse the antitrust laws to blame Meta for the failure of its fledgling app and for succeeding where Ollywan failed,” Meta told the court in a filing.

The lawsuit also challenged Meta’s efforts to prevent Ollywan from ​using the name “Winstag.” DeMarchi said “the antitrust laws do not prohibit Meta from enforcing its trademark rights.”
Meta ​had argued that the allegations in the lawsuit occurred outside the four-year window for antitrust claims under federal law. ‌DeMarchi ⁠said Ollywan did not explain “how filing this action two years after ceasing operations could be considered a prompt filing.”

The judge said she will allow Ollywan to file an amended lawsuit, with limitations.

Meta faces other antitrust lawsuits, including one from a defunct photo-sharing app that claims Meta drove it out of business. ​Meta last year defeated a ​lawsuit by the Federal ⁠Trade Commission that sought to force it to restructure or sell Instagram and WhatsApp. The company has denied the allegations in both cases.