Judge Throws Out Facebook’s Attempt to Dismiss FTC Case

The FTC provided stronger evidence supporting its case against Facebook, and Chair Lina Khan doesn’t need to recuse herself, a federal judge ruled Tuesday. He threw out the social media network’s attempt to dismiss the case, as was expected (see 2108240059). The agency’s newly presented facts fortify its theories, particularly about claims about Facebook’s social networking monopoly, wrote U.S. District Judge James Boasberg in 1:20-cv-03590 (Pacer). The FTC alleged Facebook has a monopoly in personal social networking services and unlawfully maintained that monopoly. Facebook bought rivals Instagram and WhatsApp and unlawfully implemented policies preventing interoperability between Facebook and apps it viewed as nascent threats, the FTC argued. In its amended complaint, the agency presented “detailed factual allegations” and multiple metrics to show Facebook’s market dominance, wrote Boasberg. Facebook argued commissioners' vote authorizing the complaint was invalid because Khan showed prejudgment against the company in her work before joining the agency. Khan was “acting in a prosecutorial capacity, as opposed to in a judicial role, in connection with the vote” and therefore didn’t violate any ethical rules, wrote Boasberg, also as expected. The company didn’t comment.