WP Engine vs Automattic: Antitrust dismissed for now as nine claims survive - what to know

WP Engine vs. Automattic rulings

The case continues against Automattic and Mullenweg on the surviving counts.

Claims proceeding

• Count 1: Intentional Interference with Contractual Relations
• Count 2: Intentional Interference with Prospective Economic Advantage
• Count 5: Unfair Competition under California Law
• Count 9: Defamation
• Count 10: Trade Libel
• Count 11: Slander
• Count 17: Lanham Act - Unfair Competition
• Count 18: Lanham Act - False Advertising
• Count 19: Computer Fraud and Abuse Act - Unauthorized Access

Claim partially surviving

• Count 6: Promissory Estoppel - survives in part based on specific alleged promises.

Claims dismissed with leave to amend

• Antitrust claims under the Sherman Act and Cartwright Act, including monopolization, attempted monopolization, and tying.
• Count 3: Computer Fraud and Abuse Act - Extortion theory.

Claims fully dismissed

• Count 4: Attempted Extortion under the California Penal Code.
• Count 16: Trademark Misuse as a standalone claim.

Background

WP Engine filed suit alleging interference, unfair competition, defamation, and Lanham Act violations, along with Computer Fraud and Abuse Act claims. The court found portions of the antitrust and CFAA extortion pleadings insufficient but allowed amendment.

Several surviving claims arise from alleged statements on WordPress.org and at public events. WP Engine also alleges unauthorized plugin conduct underlying the CFAA unauthorized access count. The rulings allow discovery and litigation on the surviving counts to proceed against Automattic and Matt Mullenweg.

Official statements and sources

Automattic CEO Matt Mullenweg published a post summarizing the rulings.

"antitrust, monopolization, and extortion have been knocked out"

His post notes the case continues on narrowed issues.