United States of America: US Federal Court Ruling dismisses Complaint made by 46 States regarding Facebook's alleged Creation and Maintenance of a Monopoly Position (Civil Action No. 20-3590)

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Description

US Federal Court Ruling dismisses Complaint made by 46 States regarding Facebook's alleged Creation and Maintenance of a Monopoly Position (Civil Action No. 20-3590)

On 28 June 2021, the United States District Court for the District of Columbia (D.D.C.) dismissed the complaint filed by the 46 States in December 2020 in a parallel decision made to the FTC's complaint dismissal. The decision was reached because the complaint did not go beyond a simple allegation and is further not supported with enough evidence to be legally admissible. Specifically, Facebook's alleged monopoly position in the social media market is not proven by the plaintiffs. Significantly, the Court also argued that based on the Laches Doctrine ("no relief for those who sleep on their rights"), the States could not challenge the purchases made by Facebook 8 and 6 years earlier, respectively. The coalition of states has until 29 July 2021, to file a new complaint.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

Hide details
2020-12-09
under deliberation

On December 9 2020, the Federal Trade Commission (FTC) and 46 States announced that they have sued …

2021-06-28
rejected

On 28 June 2021, the United States District Court for the District of Columbia (D.D.C.) dismissed t…

2021-08-19
under deliberation

On 19 August 2021, the Federal Trade Commission (FTC) filed a renewed antitrust complaint against F…

2022-01-11
in force

The District Court of Columbia has denied Facebook's motion to dismiss the renewed Complaint submit…

2023-04-27
in force

On 27 April 2023, the US Court of Appeals for the DC Circuit affirms the lower-court ruling that di…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
defendant
1
Type Private organisation
Economic activity platform intermediary: user-generated content
Category Firm-specific

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
user content: any format: marketing (any form)
Regulatory tool
Merger approval requirement
Prohibition of supplementary contractual obligations
Sanctions
Regulated subjects
1
texting: app-based: transmission
Regulatory tool
Merger approval requirement
Prohibition of supplementary contractual obligations
Sanctions
Regulated subjects
1

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

user content: any format: marketing (any form)

texting: app-based: transmission