— in coordination with more than 40 state attorneys general — accused Facebook of illegally acquiring competitors Instagram and WhatsApp in an abuse of its monopoly power. The lawsuits filed by the FTC and state AGs had sought to force Facebook to divest Instagram and WhatsApp.
“Although the Court does not agree with all of Facebook’s contentions here, it ultimately concurs that the agency’s Complaint is legally insufficient and must therefore be dismissed,” Boasberg wrote. “The FTC has failed to plead enough facts to plausibly establish a necessary element of all of its Section 2 claims — namely, that Facebook has monopoly power in the market for Personal Social Networking Services.
When this inevitably gets appealed up thru circuit court and eventually to SCOTUS, their decision will be (something close to) a 6-3 affirming exactly what Judge James Boasberg opined today
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