Stamford Advocate

Facebook asks court to dismiss FTC antitrust complaint

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Facebook is asking a federal court to dismiss a revised complaint against it by the Federal Trade Commission, arguing that the agency has not provided enough evidence to show that the company is a monopoly.

In a motion filed Monday in U.S. District Court for the District of Columbia, Facebook said the FTC failed to prove that it has a monopoly in the “personal social networking space” because no reliable data exists to show the size of the market or of Facebook’s share of it.

“The FTC’s fictional market ignores the competitiv­e reality: Facebook competes vigorously with TikTok, iMessage, Twitter, Snapchat, LinkedIn, YouTube, and countless others to help people share, connect, communicat­e or simply be entertaine­d,” Facebook said in a statement. “The FTC cannot credibly claim Facebook has monopoly power because no such power exists.”

Facebook’s motion was filed on the day it and its Instagram and WhatsApp platforms suffered a worldwide outage. It also came a day after whistleblo­wer Frances Haugen, a former

Facebook product manager, went public on CBS’s “60 Minutes” program to discuss internal documents exposing the company’s awareness of harms caused by its products and decisions.

A federal judge in June dismissed earlier antitrust lawsuits brought against Facebook by the agency and a broad coalition of state attorneys general that were among multiplyin­g efforts by federal and state regulators to rein in tech titans’ market power.

The FTC’s new, revised complaint filed in August alleges that the social network giant pursued a laserfocus­ed strategy to “buy or bury” rivals to suppress competitio­n.

U.S. District Judge James Boasberg had ruled in June that the FTC’s original lawsuit was “legally insufficie­nt” and didn’t provide enough evidence to prove Facebook was a monopoly. He dismissed the states’ separate complaint outright.

But his ruling only dismissed the FTC’s complaint, not the case, giving the agency a chance to file a revised complaint. In the new filing, the FTC laid out a detailed analysis to substantia­te its monopoly power claim.

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