Facebook urges to dismiss U.S. Government’s revised antitrust case


Palak Arora 20/10/21 #copyright #patent #trademarks #infringement #intellectualproperty #IPR #IPRinfo #IPlaw #IPRrights #Trademarkclickcom #IP #entrepreneur #Facebook #Twitter #Instagram #WhatsApp #Snapchat #LinkedIn #Antitrust #FederalTradeCommission #FTC #Boasberg

Facebook Inc. asked a judge a few days back to dismiss the U.S. government's revised antitrust case seeking to force the social media giant for selling its accusations of Instagram and WhatsApp. Facebook clearly said in a court filing that the Federal Trade Commission (FTC) had miserably failed to provide a plausible factual basis for tagging Facebook as an unlawful monopolist. The company further added that it is apparent that the FTC had no basis for its naked and empty allegation to prove their allegations of Facebook having a monopoly. However, the FTC did not comment on the matter.

The matter was heard before Judge James Boasberg of the U.S. District Court for the District of Columbia. He ruled in the month of June that the FTC's original complaint filed in December miserably failed to provide concrete evidence that Facebook was in monopolistic power in the social networking market. The FTC amended its complaint and filed it in the month of August. It further added details on how Facebook's accusation crushed or bought several rivals and again pressed Boasberg to order the sale of Instagram and WhatsApp.

Facebook also brought the fact to the attention of the court that the FTC was suing to undo substantial mergers that it had approved earlier including Instagram, which it bought in the year 2012 in a deal of nearly $1 billion, and WhatsApp, which it bought in the year 2014 for $19 billion. "The FTC challenges acquisitions that the agency cleared after its own contemporaneous review...," the motion said. "The case is entire without legal or factual support. This is as true now as it was before."

Facebook also included a dissent in its filing from FTC Commissioner Christine Wilson who is a Republican and who had voted against filing the amended lawsuit because the FTC had raised no objections earlier to the Instagram and WhatsApp deals. "The FTC's 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," a Facebook’s spokesperson said. "The FTC cannot credibly claim Facebook has monopoly power because no such power exists.”

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