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

1234567891011121314151617181920212223242526COUNT IV(Unfair Competition in Violation of Cal. Bus. & Prof. Code §§ 17200 et seq.)239. 3taps repeats and incorporates by reference the allegations set forth in Paragraphs 1through 195 as if fully set forth herein.240. This court has jurisdiction over this cause of action based on the doctrine ofsupplemental jurisdiction (28 U.S.C. § 1367) because this cause of action arises from the sametransactions and from a common nucleus of operative facts as alleged in the federal causes ofaction alleged in this Complaint.Code § 17201.241. craigslist is a “person” within the meaning of California Business & Professional242. As alleged herein, craigslist’s conduct constitutes “unfair” business practices.Conduct that significantly threatens or harms competition or threatens an incipient violation of anantitrust law may be deemed unfair.243. As alleged herein, craigslist’s anticompetitive conduct also is unlawful. craigslist’sviolations of the federal antitrust laws, or other laws as alleged herein, satisfy the unlawful prong ofCalifornia Business & Professional Code § 17200.244. The injuries to 3taps, other competitors, consumers, and competition describedherein are the direct result of craigslist unfair and unlawful practices and conduct.245. Unless enjoined and declared illegal, craigslist’s unlawful conduct will continue,3taps will continue to sustain financial injury and damages to its business and property, andcompetition will continue to decrease in the Relevant Markets. These injuries are a direct andproximate result of craigslist’s unfair and unlawful conduct.246. Pursuant to California Business & Professional Code § 17203, 3taps is entitled topermanent and mandatory injunctive relief against craigslist to enjoin craigslist’s ongoing wrongfulbusiness conduct. An injunction is needed to enable and restore competition in the RelevantMarkets.27283TAPS’ ANSWER AND COUNTERCLAIM71CASE NO.: 12-CV-3816-CRB