Facebook on Monday filed a motion to dismiss the Federal Trade Commission’s revised antitrust case against the company, saying the agency’s complaint still lacked evidence that the company had violated antitrust law.
In an application to the U.S. District Court for the District of Columbia, Facebook said the agency had not provided sufficient evidence and analysis that the company had a monopoly and harmed rivals through its dominant position. The judge in charge of the case, James E. Boasberg, said in June that the agency had not established Facebook as a monopoly in its original lawsuit, but gave the agency a chance to change its complaint with a stronger analysis.
“This court gave the agency another chance to make a valid claim,” the company said in its case. “But the same flaw that was fatal to the FTC’s first complaint remains: the amended complaint still claims no facts that likely establish that Facebook has and has had monopoly power at all times.”
Facebook’s proposal to dismiss the case was highly anticipated. The company’s CEO, Mark Zuckerberg, has vowed to combat any government attempt to hobble the company through cartel actions.
The FTC, under the new leadership of Lina Khan, refuted the case in August with the same broad arguments and with some more market share analyzes and how Facebook used mergers with Instagram and WhatsApp to “buy or bury” competition. The agency also claimed that Facebook blocked rival apps from joining the Facebook platform and starved competition from gaining access to Facebook’s large user base. The agency said in its suit that Facebook should be broken.
The judge has until mid-November to respond to the company’s proposal to dismiss the case.