Judges And Charges Change, Now The Fate Of Facebook Is On The Edge

Facebook faces new accusations of monopolizing social media. (photo: doc. unsplash)

JAKARTA – The legal case facing Facebook in the US continues. This comes after a US judge on Tuesday, January 11, dismissed the social media company's objection to the Federal Trade Commission's (FTC) antitrust lawsuit against them. The judge stated that the FTC had a reasonable case that should be allowed to proceed.

Facebook, now called Meta Platform Inc, had previously asked Judge James Boasberg in Washington, DC federal court to dismiss a lawsuit in which the government had asked a court to sue Facebook sell Instagram and WhatsApp, citing monopoly grounds.

The FTC's high-profile legal battle with Facebook is one of the biggest challenges the government has brought against tech companies in recent decades and is being watched closely as Washington looks to reduce the power of Big Tech's vast world market.

"Ultimately, whether the FTC will be able to prove its case and win in summary court and tribunal is anyone's guess. The court refuses to engage in such speculation and only concludes that at the motion-to-dismiss stage, where the FTC's allegations can be treated as true, the agency has made reasonable claims," Boasberg wrote.

The FTC initially sued Facebook during President Donald Trump's administration, and the complaint was rejected by the court. The FTC then filed an amended lawsuit last August, adding more details about allegations that social media companies destroyed or bought out rivals. They once again asked the judge to force Facebook to sell photo-sharing app Instagram and messaging app WhatsApp.

In its ruling rejecting the FTC's first lawsuit, the judge argued that the FTC could not bring charges that Facebook refused to allow interoperability permits with competing apps as a way to maintain its dominance, saying the policy had been abandoned in 2018.

Meanwhile, this time Meta Platform inc., admitted that he was sure the company would win in court.

"Today's ruling narrowed the scope of the FTC case by rejecting claims about our platform policies. It also acknowledges that the agency faces a 'tough task' to prove its case regarding two acquisitions that were completed years ago," a spokesperson said in an emailed statement quoted by Reuters.

But Boasberg agreed with the FTC that Chair Lina Khan, who chose to file an amended complaint against Facebook, should not be forced to resign. He said his role was less as a judge and more like a prosecutor.

"While Khan has undoubtedly expressed views on Facebook's monopoly power, these views do not suggest the kind of 'ax to grind' based on personal feuds or financial conflicts of interest that have disqualified prosecutors in the past," Boasberg wrote.