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Facebook asks court to dismiss FTC antitrust complaint

Facebook is asking a federal court to dismiss a revised complaint against it by the Federal Trade Commission, arguing that the agency has not provided enough evidence to show that the company is a monopoly.
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Facebook says the Federal Trade Commission failed to prove that it has a monopoly in the BԪַpersonal social networking spaceBԪַ. (Dreamstime/TNS)

Facebook is asking a federal court to dismiss a revised complaint against it by the Federal Trade Commission, arguing that the agency has not provided enough evidence to show that the company is a monopoly.

In a motion filed Monday in U.S. District Court for the District of Columbia, Facebook said the FTC failed to prove that it has a monopoly in the BԪַpersonal social networking spaceBԪַ because no reliable data exists to show the size of the market or of FacebookBԪַs share of it.

BԪַThe FTCBԪַs fictional market ignores the competitive reality: Facebook competes vigorously with TikTok, iMessage, Twitter, Snapchat, LinkedIn, YouTube, and countless others to help people share, connect, communicate or simply be entertained,BԪַ Facebook said in a statement. BԪַThe FTC cannot credibly claim Facebook has monopoly power because no such power exists.BԪַ

FacebookBԪַs motion was filed on the day it and its Instagram and WhatsApp platforms suffered a worldwide outage. It also came a day after whistleblower Frances Haugen, a former Facebook product manager, went public on CBSBԪַs BԪַ60 MinutesBԪַ program to discuss internal documents exposing the companyBԪַs awareness of harms caused by its products and decisions.

A federal judge in June dismissed earlier antitrust lawsuits brought against Facebook by the agency and a broad coalition of state attorneys general that were among multiplying efforts by federal and state regulators to rein in tech titansBԪַ market power.

The FTCBԪַs new, revised complaint filed in August alleges that the social network giant pursued a laser-focused strategy to BԪַbuy or buryBԪַ rivals to suppress competition.

U.S. District Judge James Boasberg had ruled in June that the FTCBԪַs original lawsuit was BԪַlegally insufficientBԪַ and didnBԪַt provide enough evidence to prove Facebook was a monopoly. He dismissed the statesBԪַ separate complaint outright.

But his ruling only dismissed the FTCBԪַs complaint, not the case, giving the agency a chance to file a revised complaint. In the new filing, the FTC laid out a detailed analysis to substantiate its monopoly power claim.

BԪַDirect evidence, including historical events and market realitiesBԪַ confirms the allegation, the complaint says. The harm to consumers from the lack of competition BԪַis particularly severe,BԪַ it says.

The FTC did not have a comment on FacebookBԪַs motion to dismiss.

BԪַ Barbara Ortutay THE ASSOCIATED PRESS





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