Court dismisses Facebook antitrust challenges

By The Hill
Posted on 06/28/21 | News Source: The Hill

A D.C. federal court Monday dismissed two antitrust separate cases brought against Facebook by federal and state regulators.

The Federal Trade Commission (FTC) will have an opportunity to file an amended complaint, but the challenge from a coalition of state attorneys general led by New York's Letitia James (D) has been dismissed entirely.

The two cases had accused Facebook of using its power to stifle competitors and ultimately leave consumers will fewer options for social media.

The court determined that the state AG case is invalidated by the "doctrine of latches" because it was filed too late. The case, filed last year, had challenged Facebook's acquisitions of WhatsApp and Instagram, which were completed in 2014 and 2012 respectively. 

The state officials' argument that Facebook blocking interoperability for certain apps violated Section 2 of the Sherman Act was similarly dismissed because the actions took place more than five years ago.

"Although the Court does not agree with all of Defendant’s contentions here, it ultimately concurs with Facebook’s bottomline conclusion: none of the States’ claims may go forward," the decision reads.