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Judge dismisses antitrust lawsuits against Facebook over WhatsApp, Instagram ownership

Facebook's major chat apps
Facebook's major chat apps (Image credit: Android Central)

What you need to know

  • A U.S. district judge dismissed two major antitrust cases against Facebook.
  • The court found that the plaintiff did not provide substantial evidence against the social media giant.
  • The lawsuits challenged Facebook's market leadership and ownership of both Instagram and WhatsApp.

A U.S. district judge dropped two antitrust lawsuits against Facebook on Monday, saying that the complaint "is legally insufficient and must therefore be dismissed."

The lawsuits against Facebook were filed late last year by the FTC and a coalition of state attorneys, declaring that Facebook participated in anticompetitive and monopolistic behavior by purchasing WhatsApp and Instagram. The complaint stated that Facebook saw the apps as "two significant competitive threats to its dominant position," after which it "moved to squelch those threats by buying the companies."

The lawsuit alludes to a 2008 email from founder and CEO Mark Zuckerberg in which he allegedly states that "it is better to buy than compete."

In the document, D.C. District Judge James Boasberg notes that the platform provides a free service for consumers and that the FTC complaint failed to clearly address Facebook's market dominance.

In this unusual context, the FTC's inability to offer any indication of the metric(s) or method(s) it used to calculate Facebook's market share renders its vague "60%-plus" assertion too speculative and conclusory to go forward.

He also states that "there is nothing unlawful about" Facebook's refusal to offer interoperability solutions for competing apps to work better with the platform. Additionally, "such revocations of access occurred in 2013, seven years before this suit was filed," essentially making it a moot point.

However, the judge dismisses Facebook's argument that the FTC could not put its acquisition of both Instagram and WhatsApp into question. The lawsuit could have potentially forced Facebook to divest both services and require regulatory approval for future purchases by Facebook.

Despite the scrutiny of these acquisitions, the court highlights the unusually long review process that the FTC conducted when Facebook sought to purchase Instagram. The document notes that the conditions of the acquisition "satisfied the agency's concerns, and in August (over four months after the merger was announced), the Commission voted 5–0 to allow it to proceed without any challenge or conditions."

A spokesperson from the FTC told Android Central that it's "reviewing the opinion and assessing the best option forward." Facebook was not available for comment.

Meanwhile, Facebook is among the Big Tech companies facing more legislation with a newly proposed bill that seeks to rein in their control over the market.

Derrek is a long-time Nokia and LG fanboy who loves astronomy, videography, and sci-fi movies. When he's not working, he's most likely working out or smoldering at the camera.

4 Comments
  • We all hate Facebook. I get it. But in this instance FB didn't do anything wrong. Finally a judge that can make reasoned decisions.
  • Speak for yourself, I dislike Facebook but if it wasn't for Facebook I'd never have been able to get back in touch with long time school buddies so I'm grateful to Facebook for that and the tech threads I'm on, so I won't give up Facebook for those reasons.
  • To be fair I think he meant most people hate Facebook for their privacy and data mining/sharing practices not the actual service
  • That's exactly my position. Thank you for clarifying it for me.