Federal Trade Commission v. Meta Platforms, Inc.
Federal Trade Commission v. Meta Platforms, Inc. (formerly Federal Trade Commission v. Facebook, Inc.) is an ongoing antitrust court case brought by the Federal Trade Commission (FTC) against Facebook parent company Meta. Filed in conjunction with 46 states, the lawsuit alleges that Meta has accumulated monopoly power via anti-competitive mergers, with the suit centering on the acquisitions of Instagram and WhatsApp.[1]
| Federal Trade Commission v. Meta Platforms, Inc. | |
|---|---|
| Court | United States District Court for the District of Columbia |
Background and initial filing Edit
The case centers on Meta acquisition of Facebook's two former competitors—Instagram and WhatsApp. The FTC alleges that Meta holds monopolistic power in the US social networking market and seeks to force the company to divest from Instagram and WhatsApp to break up the conglomerate. The Federal Trade Commission said that Meta's actions prevent consumers from enjoying the benefits of competition.[2]
On December 8, 2020, the Federal Trade Commission, along with 46 US states (all excluding Alabama, Georgia, South Carolina, and South Dakota), the District of Columbia and the territory of Guam, launched the antitrust lawsuit against Meta.[3]
Proceedings Edit
On June 28, 2021, the U.S. District Court for the District of Columbia dismissed the FTC's complaint, as legally insufficient.[4] A December 2021 New Yorker profile of Lina Khan, the Biden-appointed head of the FTC, describes the court's decision as "a harsh criticism of how Khan's predecessors [the Trump-appointed FTC Commissioners] had written their complaint." According to the article, the decision argued that the FTC "had provided no proof for its assertion that Facebook held a monopoly position in social networking, but, instead, seemed to assume that everyone simply saw it that way."[5]
However, following a new amended complaint from the FTC on August 19, 2021,[6][7][8] presiding judge James E. Boasberg, denied Meta's motion to dismiss the case on January 11, 2022. Meta sought dismissal on grounds including that Khan should have recused herself from the vote of FTC commissioners to file the case, on the basis of her previous writing as a scholar and an analyst, which allegedly showed bias against Meta.[9][10]
On February 23, 2022, Reuters reported that the FTC proposed a trial date of December 11, 2023 to allow for sufficient discovery. However, attorneys for Meta urged the court to delay the trial date to February 13, 2024.[11]
Analysis Edit
William Kovacic, a former FTC chair, argued the case will be difficult to win as it would require the government to create a counter factual argument of an internet where Meta did not exist, and prove that it harmed competition or consumers.[12]
Related cases Edit
On July 2022, the FTC filed a separate antitrust case against Meta over the company's planned acquisition of VR company Within.[13] Meta ultimately acquired Within in February 2023.[14]
See also Edit
- United States v. Google LLC, an antitrust suit filed in 2020
- Lawsuits involving Meta Platforms
References Edit
- ^ Kang, Cecilia; Isaac, Mike (9 December 2020). "U.S. and States Say Facebook Illegally Crushed Competition". The New York Times.
- ^ Kendall, Brent; McKinnon, John D. (10 December 2020). "Facebook Hit With Antitrust Lawsuits by FTC, State Attorneys General". Wall Street Journal.
- ^ Feiner, Lauren; Rodriguez, Salvador (8 December 2020). "FTC and states sue Facebook, could force it to divest Instagram and WhatsApp". CNBC. Retrieved 8 December 2020.
- ^ Rodriguez, Salvador (28 June 2021). "Judge dismisses FTC and state antitrust complaints against Facebook". CNBC. Retrieved 13 January 2022.
- ^ Kolhatkar, Sheelah (29 November 2021). "The Enforcer: Lina Khan's battle to rein in Big Tech". The New Yorker. No. December 6, 2021. Retrieved 14 January 2022.
- ^ Bond, Shannon (August 19, 2021). "Federal Trade Commission Refiles Suit Accusing Facebook Of Illegal Monopoly". NPR. Retrieved July 29, 2022.
- ^ Zakrzewski, Cat (August 19, 2021). "FTC refiles antitrust case against Facebook, says no other social network comes close to its scale". The Washington Post. Retrieved July 29, 2022.
- ^ FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovate (Report). Federal Trade Commission. August 19, 2021. Retrieved July 29, 2022.
- ^ Bartz, Diane; Shepardson, David (11 January 2022). "U.S. judge rejects Facebook request to dismiss FTC antitrust lawsuit". Reuters. Retrieved 13 January 2022.
- ^ Frankel, Alison (12 January 2022). "Facebook judge rejects argument for FTC chair's recusal: 'Courts must tread carefully'". Reuters. Retrieved 13 January 2022.
- ^ Heavey, Susan (2022-02-23). "U.S., Meta spar over date of antitrust trial". Reuters. Retrieved 2022-05-29.
- ^ Brian Fung (10 December 2020). "The legal battle to break up Facebook is underway. Now comes the hard part". CNN. Retrieved 2020-12-10.
- ^ MacCarthy, Mark (2022-08-04). "FTC's case against Meta's acquisition of Within seeks to shape the emerging VR market". Brookings. Retrieved 2022-10-13.
- ^ Silberling, Amanda (2023-02-09). "Meta acquires Within despite FTC concerns". TechCrunch. Retrieved 2023-03-31.
External links Edit
- record of case at Federal Trade Commission
- Judge Boasberg's Memorandum Opinion dismissing the complaint (June 28, 2021)
- Judge Boasberg's Memorandum Opinion denying Facebook's motion to dismiss the amended complaint (January 11, 2022)