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Executive Summary

Two court rulings were issued on September 1, 2026, in cases against Meta Platforms. In the first, a Daubert ruling in the advertiser antitrust class action (Klein v. Meta) denied Meta's motion to exclude plaintiffs' expert Dr. Williams, allowing his economic profit rate (EPR) analysis to proceed — a significant setback for Meta that keeps a classwide damages theory alive. In the second, a pro se plaintiff (Kim v. Meta) was granted leave to file a limited amendment to a complaint that does not alter claims or legal theories; this is a routine procedural step with no material impact. The combination of the two rulings is dominated by the adverse Daubert ruling, which increases settlement pressure and trial risk in the advertiser antitrust case.

Court Ruling Details

Key Facts

• In Klein v. Meta (3:20-cv-08570-JD), the court DENIED Meta's motion to exclude plaintiffs' expert Dr. Williams under FRE 702, finding his EPR methodology reliable and admissible.
• Dr. Williams' EPR analysis concluded Meta's prices were overcharged by 30.1% across the class, based on a yardstick comparison with 30 firms including Google, Baidu, Tencent, Twitter, Snap, Pinterest, Amazon, and Apple.
• The ruling allows the advertiser class action to proceed toward class certification with a full expert damages model intact, increasing Meta's settlement exposure.
• In Kim v. Meta (3:26-cv-05488-CRB), the court granted a stipulated order allowing a pro se plaintiff to file a limited Second Amended Complaint that does not alter claims or legal theories — a routine procedural step.
• Meta's pending motion to dismiss in Kim v. Meta remains unchanged and will be treated as directed to the amended complaint.
• No damages amounts were awarded in either ruling.

Financial Impact

The Klein ruling keeps alive a classwide antitrust damages theory based on a 30.1% price overcharge. No damages figure was awarded in this interlocutory ruling, but the potential exposure is material given Meta's ~$147B annual advertising revenue.

Risk Factors

• Class certification in Klein v. Meta could be granted, expanding the case to millions of advertisers and increasing settlement pressure.
• A trial on the merits could result in treble damages under the Sherman Act if liability is found.
• The Daubert ruling may be appealed, but interlocutory appeals of FRE 702 rulings are rarely granted.

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Documents Analyzed

This report is based on 2 court opinions from CourtListener.

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