X appeals to 5th Circuit to revive antitrust lawsuit after March dismissal by Texas judge
A 5th Circuit brief filed by X asks the appeals court to reverse US District Judge Jane Boyle's March ruling that threw out the company's antitrust lawsuit against advertisers, with Elon Musk's platform calling the alleged conduct "an unusually brazen group boycott." The filing arrived one week after X settled with the World Federation of Advertisers, the first defendant named in the original case. A 5th Circuit decision on whether the remaining claims can proceed is the next milestone to watch.
Key takeaways
- X has appealed to the 5th Circuit to reverse US District Judge Jane Boyle's March ruling that dismissed its antitrust lawsuit against advertisers.
- In its brief, X described the alleged conduct as "an unusually brazen group boycott" and called itself "the direct victim" seeking to recover "massive economic losses," though no dollar amount was specified.
- The appeal was filed one week after X settled with the World Federation of Advertisers, the first defendant named in the original case.
- Judge Boyle, in the Northern District of Texas, dismissed the case in March after finding the advertisers committed no antitrust violation.
- The next milestone is the 5th Circuit's decision on whether the remaining claims can proceed; if it overrules Boyle, the claims return to the Northern District of Texas.
A 5th Circuit brief filed by X asks the appeals court to reverse US District Judge Jane Boyle's March ruling that threw out the company's antitrust lawsuit against advertisers, with Elon Musk's platform calling the alleged conduct "an unusually brazen group boycott." The filing arrived one week after X settled with the World Federation of Advertisers, the first defendant named in the original case. A 5th Circuit decision on whether the remaining claims can proceed is the next milestone to watch.
The argument X is making
X characterized itself in the brief as "the direct victim" of the alleged boycott and argued that no valid reason exists to bar its effort to recover what it called "massive economic losses." The company said the alleged misconduct has drawn scrutiny from regulators and Congress, a point it raised to support why the case should move forward. No dollar amount was attached to those claimed losses.
District court ruling and settlement context
Judge Boyle, sitting in the Northern District of Texas, dismissed the case in March after finding the advertisers committed no antitrust violation. That is the ruling X is now challenging at the 5th Circuit. X had also previously settled a separate claim against a different ad-industry trade group; the WFA deal last week resolved the claim against the federation that was first named in the original suit. The appeal targets the advertiser defendants who remain after both settlements.
What to watch
The 5th Circuit's ruling is the next definitive step. If the court overrules Judge Boyle, the antitrust claims return to the Northern District of Texas. X's ability to hold those remaining advertisers liable depends on how the appeals panel reads the antitrust question the district court already resolved against the company.
Related reading
Filed by the newsroom of MarketPR on August 6, 2026. Source: arstechnica.com. Indicative figures are not investment advice.