3TAPS, INC.'S ANSWER AND COUNTERCLAIM Case No. CV-12 ...

123456789101112131415161718192021222324252627injured in its business and property. Similarly, craigslist’s anticompetitive scheme threatens toinjure JeBoom by inhibiting its entry into the onboarding market.207. Unless enjoined and declared illegal, craigslist’s unlawful conduct will continue,3taps, as well as its website JeBoom, will continue to sustain injury and damages, and competitionwill continue to decrease in the Relevant Market.208. The injuries to 3tapsand JeBoom, other competitors, consumers, and competitiondescribed herein are the types of injuries that the antitrust laws are designed to prevent becausethey are a direct result of craigslist’s illegal, anticompetitive scheme to exclude competitors fromthe market.209. 3taps is entitled to injunctive relief and treble damages.COUNT II(Sherman Act § 2 claim for monopolization and attempted monopolization of the indexingmarket and related submarkets)210. 3taps repeats and incorporates by reference the allegations set forth in Paragraphs 1through 195 as if fully set forth herein.211. Section 2 of the Sherman Act (15 U.S.C. § 2) prohibits, inter alia, the willfulmonopolization of any part of the trade and commerce among the States, as well as attempts tomonopolize any part of the trade and commerce among the States.212. craigslist has monopoly power in the Relevant Market for the indexing of classifiedad content, and it has maintained this power through anticompetitive behavior.213. craigslist has engaged in an anticompetitive scheme, including filing serial shamlitigation and threatening such litigation, copyright misuse, imposing improper Terms of Use onusers, and ghosting and other misconduct, to acquire, enhance, and/or maintain this monopolypower in the Relevant Market for search-engine indexing of classified ad content in violation ofSection 2 of the Sherman Act.214. If for any reason, craigslist is deemed not to have monopoly power in the RelevantMarket or Submarkets for indexing of classified ad content, there is a dangerous probability that28craigslist will acquire such power.3TAPS’ ANSWER AND COUNTERCLAIM67CASE NO.: 12-CV-3816-CRB