Text Messaging Antitrust Litigation
IN RE TEXT MESSAGING ANTITRUST LITIGATION, CASE NO. 08 C 7082, MDL NO. 1997 (N.D. ILL.)
Abbey Spanier filed an antitrust class action in the Eastern District of New York, which was transferred to the Northern District of Illinois, on behalf of consumers who purchased text messaging services from the nation's leading wireless phone service providers. Defendants Verizon Communications, Inc. Verizon Wireless, AT&T Inc., AT&T Mobility LLC, Sprint Nextel Corp., Vodafone Group PLC, T-Mobile International AG and T-Mobile USA Inc. provide text messaging services along with their wireless phone purchase and plans. Approximately 90% of the wireless phone subscribers in the United States purchase wireless phone services, and their text message services, from one or more of the Defendants. Plaintiffs allege that Defendants unlawfully combined and conspired to raise the price of individual texts in violation of Section 1 of the Sherman Act.
Defendants filed a motion to dismiss and on April 30, 2010, the district court denied defendants' motion to dismiss and allowed plaintiffs to amend their complaint. The district court explained that the new factual allegations in the amended complaint "add specificity and detail that lends plausibility to plaintiffs' claim of a conspiracy to fix prices."
Memorandum Opinion and Order