
On Thursday, Elon Musk saw his lawsuit — which accused advertisers of violating antitrust laws by colluding on an ad boycott after he took control of Twitter, gutting content-moderation teams and disbanding the Trust and Safety Council — dismissed.
In her opinion, US District Judge Jane Boyle said the case was thrown out for failing to state a claim. Musk’s assertion that advertisers harmed their own interests by steering clear of his platform, now called X, did not include factual allegations showing consumer injury. The judge explained that without consumer harm there is no antitrust injury, and thus the alleged ad boycott was lawful.
“The very nature of the alleged conspiracy does not state an antitrust claim, and the Court therefore has no qualm dismissing with prejudice,” Boyle wrote. She also stressed that “the question underlying antitrust injury is whether consumers—not competitors—have been harmed.”
The defeat is likely a major setback for Musk. He had argued that advertisers should be “criminally prosecuted” after allies in Congress published a report alleging they conspired to depress Twitter’s revenue with the aim of censoring conservative voices.
The suit was one piece of a broader “thermonuclear” legal campaign Musk launched against Media Matters for America over reporting he said sparked the boycott. That case is still pending but could be weakened by the court’s finding that no illegal boycott occurred.
As of this writing, Musk had not responded to the ruling, and X did not answer Ars’ request for comment.
Given Musk’s incendiary public remarks about the litigation, an appeal from X now appears likely.









