Fair Isaac Corp. v. Trans Union, LLC, No. 17 C 8318, Slip Op. (N.D. Ill. Mar. 27, 2019) (Coleman, J.).

Judge Coleman granted in part plaintiff FICO’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant Trans Union’s counterclaims in this antitrust, Lanham Act unfair trade practices and related state law claims involving FICO’s credit score algorithms.

Of particular note, the Court held as follows:

• Trans Union sufficiently pled its antitrust claims. Trans Union alleged that FICO engaged in practices intended to drive out competition and that FICO’s exclusive dealings are allegedly unlawful attempts to maintain monopoly power.
• The Court dismissed Trans Union’s unilateral mistake claim because Trans Union did not plead that the mistake was coupled with an fraud.