Federal Trade Commission V. Facebook
   HOME

TheInfoList



OR:

''Federal Trade Commission v. Meta Platforms, Inc.'' (formerly ''Federal Trade Commission v. Facebook, Inc.'') is an ongoing
antitrust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
court case brought by the
Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) United States antitrust law, antitrust law and the promotion of consumer protection. It ...
(FTC) against
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
parent company
Meta Platforms Meta Platforms, Inc. is an American multinational technology company headquartered in Menlo Park, California. Meta owns and operates several prominent social media platforms and communication services, including Facebook, Instagram, Threads ...
. The lawsuit alleges that Meta has accumulated monopoly power via
anti-competitive Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. ...
mergers, with the suit centering on the acquisitions of
Instagram Instagram is an American photo sharing, photo and Short-form content, short-form video sharing social networking service owned by Meta Platforms. It allows users to upload media that can be edited with Social media camera filter, filters, be ...
and
WhatsApp WhatsApp (officially WhatsApp Messenger) is an American social media, instant messaging (IM), and voice-over-IP (VoIP) service owned by technology conglomerate Meta. It allows users to send text, voice messages and video messages, make vo ...
. The suit was filed on December 8, 2020, in conjunction with 46 states. The lawsuit was initially dismissed in June 2021, but was refiled with an amended complaint in August 2021. The case survived Meta's motion to dismiss the lawsuit in January 2022 and April 2024. The trial began on April 14, 2025, with Meta CEO
Mark Zuckerberg Mark Elliot Zuckerberg (; born May 14, 1984) is an American businessman who co-founded the social media service Facebook and its parent company Meta Platforms, of which he is the chairman, chief executive officer, and controlling sharehold ...
testifying during the first day of the proceedings.


Background and initial filing

The case centers on Meta acquisition of
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
's two former competitors—
Instagram Instagram is an American photo sharing, photo and Short-form content, short-form video sharing social networking service owned by Meta Platforms. It allows users to upload media that can be edited with Social media camera filter, filters, be ...
and
WhatsApp WhatsApp (officially WhatsApp Messenger) is an American social media, instant messaging (IM), and voice-over-IP (VoIP) service owned by technology conglomerate Meta. It allows users to send text, voice messages and video messages, make vo ...
. The FTC alleges that Meta holds monopolistic power in the US
social networking A social network is a social structure consisting of a set of social actors (such as individuals or organizations), networks of Dyad (sociology), dyadic ties, and other Social relation, social interactions between actors. The social network per ...
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. On December 8, 2020, the
Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) United States antitrust law, antitrust law and the promotion of consumer protection. It ...
, along with 46 US states (all excluding
Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
,
South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
, and
South Dakota South Dakota (; Sioux language, Sioux: , ) is a U.S. state, state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Dakota people, Dakota Sioux ...
), the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
and the territory of
Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...
, launched the antitrust lawsuit against Meta.


Proceedings

On June 28, 2021, the U.S. District Court for the District of Columbia dismissed the FTC's complaint, as legally insufficient. A December 2021 '' New Yorker'' profile of
Lina Khan Lina Maliha Khan (born March 3, 1989) is an American legal scholar who served from 2021 to 2025 as chair of the Federal Trade Commission (FTC). She is also a professor at Columbia Law School. While a student at Yale Law School, she became known ...
, the Biden-appointed chair of the FTC, describes the court's decision as "a harsh criticism of how Khan's predecessors
Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
-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." However, following a new amended complaint from the FTC on August 19, 2021, presiding judge James E. Boasberg, denied Meta's motion to dismiss the case on January 11, 2022. Meta had 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. Since the dismissal effort was denied, both the FTC and Meta have engaged in a discovery process. This has encompassed requests for information from Snap Inc.'s
Snapchat Snapchat is an American multimedia social media and instant messaging app and service developed by Snap Inc., originally Snapchat Inc. One of the principal features of the app are that pictures and messages, known as "snaps", are usually availa ...
as well as
ByteDance ByteDance Ltd. is a Chinese internet technology company headquartered in Haidian, Beijing, and incorporated in the Cayman Islands. Founded by Zhang Yiming, Liang Rubo, and a team of others in 2012, ByteDance developed the video-sharing ap ...
's
TikTok TikTok, known in mainland China and Hong Kong as Douyin (), is a social media and Short-form content, short-form online video platform owned by Chinese Internet company ByteDance. It hosts user-submitted videos, which may range in duration f ...
.


Trial date

On February 23, 2022, ''
Reuters Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world. The agency ...
'' 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. On February 22, 2024, the FTC told the district court that the lawsuit could be ready for trial before the end of the year. Attorneys for Meta pushed back on this, and cast doubts that a "case of this size and complexity" could go to trial before the end of 2024. In April 2024, Meta filed a motion to again dismiss the case, with Judge Boasberg ruling on November 13 that the company must face a trial regarding antitrust allegations by the FTC through its acquisitions of Instagram and WhatsApp. On November 25, the judge ruled that the case against Meta will go to trial on April 14, 2025.


Analysis

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. Legal scholars have suggested that the case's outcome could be dependent upon the
relevant market In competition law, a relevant market is a market in which a particular product or service is sold. It is the intersection of a relevant product market and a relevant geographic market. The European Commission defines a relevant market and its pro ...
in which Meta Platforms is held to operate by the court, which the FTC alleges is the personal social networking application market.


Related cases

In July 2022, the FTC filed a separate antitrust case against Meta over the company's planned acquisition of VR company Within. Meta ultimately acquired Within in February 2023.


See also

*
Big Tech Big Tech, also referred to as the Tech Giants or Tech Titans, is a collective term for the largest and most influential technology companies in the world. The label draws a parallel to similar classifications in other industries, such as "Big Oi ...
* Lawsuits involving Meta Platforms


References


External links

* Case docket fo
''Federal Trade Commission v. Meta Platforms, Inc.'', 1:20-cv-03590, (D.D.C.)
at CourtListener
Record of case at Federal Trade CommissionJudge 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)
{{Meta Platforms Facebook litigation United States Court of Appeals for the Ninth Circuit cases United States antitrust case law 2020 in United States case law
Meta Platforms Meta Platforms, Inc. is an American multinational technology company headquartered in Menlo Park, California. Meta owns and operates several prominent social media platforms and communication services, including Facebook, Instagram, Threads ...