NetScout Systems commented on the Connecticut Superior Court’s decision on December 15, 2015 in favor of NetScout. In a 19‑page decision, the Court rejected Gartner, Inc.’s attempt to dismiss the case NetScout filed challenging Gartner’s business practices and one of its Magic Quadrant reports.
As the Court explained, the first count of NetScout’s Revised Complaint against Gartner, for violation of the Connecticut Unfair Trade Practices Act, was based on NetScout’s allegation that Gartner’s Magic Quadrant ratings were “corrupted by favoritism shown to Gartner’s major customers” and that “its ranking system is based not on objective facts, but rather on Gartner’s ‘pay-to-play’ business model.”
The second count, for corporate defamation, alleged that the rating and statements about NetScout in Gartner’s 2014 Magic Quadrant report for Network Performance Monitoring and Diagnostics were defamatory and untrue.
The Court rebuffed Gartner’s attempt to dismiss the Revised Complaint, denying “in its entirety” Gartner’s motion to strike. Notably, the Court held that “Gartner has not met its burden of showing,” among other things, “that the statements in the Magic Quadrant are protected opinions.”
“The Court’s well-considered decision is a significant win for NetScout, but more importantly, a win for our customers and the industry,” said Jeff Levinson, NetScout’s General Counsel. “The Court’s ruling makes clear that no law allows Gartner to defame technology companies.”
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