The US District Court for the District of Columbia grants motions to dismiss two parallel antitrust complaints filed by the FTC and a group of state enforcers against a social media company for monopolization, with the FTC being allowed to file an amended complaint in 30 days (Facebook)

On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group of state enforcers. The complaints accused Facebook of illegally monopolizing the market for “Personal Social Networking Services” (PSN Services) in violation of Section 2 of the Sherman Act by (i) acquiring the nascent startups Instagram and WhatsApp, and (ii) adopting policies to prevent interoperability between Facebook and other apps that it considered threats in order to thwart potential or actual competitors [1]. The states’ action also claimed that Facebook’s acquisitions of Instagram and WhatsApp violated Section 7 of the Clayton Act [2]. Judge Boasberg

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)

Quotation

Steven C. Sunshine, Karen M. Lent, Matthew Martino, Julia K. York, The US District Court for the District of Columbia grants motions to dismiss two parallel antitrust complaints filed by the FTC and a group of state enforcers against a social media company for monopolization, with the FTC being allowed to file an amended complaint in 30 days (Facebook), 28 June 2021, e-Competitions July 2021 - II, Art. N° 101489

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