this post was submitted on 06 Aug 2024
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[–] [email protected] 22 points 3 months ago (5 children)

I had to skim quite a few down the search results to find an article that described what it meant by suing for "illegal boycott" in more detail.

https://variety.com/2024/digital/news/elon-musk-x-sues-advertisers-garm-boycott-1236097110/

X’s lawsuit alleged that the advertisers’ “boycott” violated Section 1 the U.S.’s Sherman Act antitrust law, which broadly prohibits agreements among distinct actors that unreasonably restrain trade, “by withholding purchases of digital advertising from Twitter.”

“The conduct of Defendants and their co-conspirators alleged herein is per se illegal, or, in the alternative, illegal under the Rule of Reason or ‘quick look’ analytical framework,” the X lawsuit said. “There are no procompetitive effects of the group boycott, which was not reasonably related to, or reasonably necessary for, any procompetitive objectives of the GARM Brand Safety Standards.”

The “unlawful conduct” alleged by X is the subject of “an active investigation” by the House of Representatives’ Committee on the Judiciary, the lawsuit said. The committee’s interim report issued on July 10 concluded that, “The extent to which GARM has organized its trade association and coordinates actions that rob consumers of choices is likely illegal under the antitrust laws and threatens fundamental American freedoms. The information uncovered to date of WFA and GARM’s collusive conduct to demonetize disfavored content is alarming.”

[–] [email protected] 2 points 3 months ago (1 children)

This requires proof for collusion, does it not?

[–] [email protected] 2 points 3 months ago

I would think. And if that proof exists, it will come up at the appropriate time during legal proceedings. I'm skeptical there is any.

I guess they could call the entire existence of GARM to be collusion; companies banding together to "punish" companies who don't follow their guidelines. But X is (was?) a voluntary member of GARM, so it seems that would be a difficult argument for them to make without implicating themselves too.

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