The Federal Trade Commission will get a chance to argue its case for Meta’s breakup in court. On Wednesday, US District Judge James Boasberg allowed the FTC’s lawsuit against the social media giant to move forward (PDF link). The FTC first sued Meta in 2020 in an attempt to force the company, then known as Facebook, to divest itself of Instagram and WhatsApp. Alongside dozens of attorneys general, the agency alleged Meta acquired the platforms in 2012 and 2014 to stifle growing competition in the social media market.
This past April, Meta asked Judge Boasberg to dismiss the case. In addition to noting that the FTC had previously approved both acquisitions, Meta argued that the agency had failed to show that the company held monopoly power in the social networking services market, and that, in buying Instagram and WhatsApp, it had harmed consumers. Additionally, the company claimed that it had invested billions of dollars in both platforms and made them better as a result, to the benefit of social media users everywhere.
While he did not entirely dismiss the lawsuit, Boasberg did force the FTC to narrow its case, dismissing an allegation that Facebook had provided preferential access to developers who agreed not to compete with it.
“We are confident that the evidence at trial will show that the acquisitions of Instagram and WhatsApp have been good for competition and consumers. More than 10 years after the FTC reviewed and cleared these deals, and despite the overwhelming evidence that our services compete with YouTube, TikTok, X, Apple’s iMessage, and many others, the Commission is wrongly continuing to assert that no deal is ever truly final, and businesses can be punished for innovating,” a Meta spokesperson told Tech Reader. “We will review the opinion when it’s filed.”
Judge Boasberg will meet with the two sides on November 25 to schedule the trial. The FTC lawsuit, it should be noted, was filed under the previous Trump administration, though whether it moves forward and in what form will depend on who President-elect Trump appoints to lead the agency.
