The FTC just rested its case following weeks of testimony in a landmark antitrust case against Meta. But before Meta can begin its defense, the company’s lawyers have opted for another move: asking the judge to throw out the case entirely.
The company filed a motion on Thursday asking US District judge James Boasberg to toss out the FTC’s case, arguing that the regulator has not proved that Meta acted anticompetitively. “Meta has made two promising mobile apps with uncertain prospect: two of the most successful apps in the world, enjoyed by approximately half of the planet’s population (including hundreds of millions of U.S. consumers) on demand, in unlimited quantities, all for free,” the filing says, “The FTC has not carried its burden to prove that Meta ‘is currently violating the antitrust laws.'”
The company’s reasoning is similar to past arguments it’s made about the FTC’s case. Meta has said that Instagram and WhatsApp were able to grow to one-billion-user services because of the company’s investments. The company also takes issue with the FTC’s claim that there is a lack of competition for “personal social networking services.” (The FTC has argued that Meta’s only competitors for social networking are Snapchat and MeWe, a small privacy-focused social app that runs on decentralized protocols.)
So far, the month-long trial has seen a number of prominent current and former Meta executives take the stand, including CEO Mark Zuckerberg, former COO Sheryl Sandberg and Instagram cofounder Kevin Systrom. Their testimony has revealed new details about the inner workings of the social media company and its tactics to stay ahead of potential competitors.
