ICLE Statement on District Court Order in FTC v Meta Case
PORTLAND, Ore. (Nov. 13, 2024) – The International Center for Law & Economics (ICLE) offers the following statement on today’s order by the U.S. District Court for the District of Columbia denying motions for summary judgment made by both Meta Platforms and the Federal Trade Commission (FTC) in the FTC’s monopolization case against Meta concerning its acquisitions of Instagram and WhatsApp.
The following quote can be attributed to ICLE Director of Competition Policy Dirk Auer:
U.S. District Court Judge James Boasberg’s rejection of Meta’s and the FTC’s motions for summary judgment was expected. Plaintiffs face a low bar for cases to proceed to trial, and the antitrust agencies have a good track record in this respect. But that does not mean the FTC is likely to prevail on the merits. The FTC will, indeed, have a hard time showing the success of Instagram and WhatsApp was bad for consumers. Both services only became truly successful after their purchase by Facebook, while rivals like Path and Foursquare largely failed in the marketplace. These opposite fortunes appear to have little to do with monopolization by Meta and everything to do with how the company improved the services it purchased—which is precisely what the antitrust laws were designed to protect. Facebook also faces significant competition from services like TikTok, X, and Snapchat, which further undermines the FTC’s case.
To schedule an interview with Dirk or other ICLE scholars about the case, contact ICLE Media and Communications Manager Elizabeth Lincicome at (919) 744-8087 or [email protected].