In “FTC’s Facebook lawsuit survives,” Global Competition Review reported that the Federal Trade Commission (FTC) adequately alleged that Facebook illegally maintained a monopoly over personal social networking. Antitrust partners Alicia Batts and Dylan Carson discussed the court’s rejection of Facebook’s request for the dismissal of the FTC’s amended lawsuit.
Batts and Carson said the ruling from Judge James Boasberg of the U.S. District Court for the District of Columbia was a good result for the FTC. Batts also noted that the court’s decision related to FTC Chair Lina Khan’s recusal made good case law for the rest of President Biden’s progressive antitrust enforcers.
Carson explained how it was notable to see Judge Boasberg cite the U.S. Court of Appeals for the Fourth Circuit’s decision in Steves and Sons v. Jeld-Wen. He added, “The court rejected Facebook’s challenge of FTC hypocrisy for previously clearing the mergers under the Hart-Scott-Rodino Antitrust Improvements (HSR) Act. This will be used by other plaintiffs also seeking to unwind consummated mergers.”