Facebook Argues States Can’t Bring Action Against Past Deals

States can’t bring antitrust claims against Facebook’s years-old acquisitions of WhatsApp and Instagram, Facebook argued Monday in a lawsuit from 48 state attorneys general (see 2201140061). The company cited a district court ruling that federal antitrust law’s four-year statute of limitations provides a “generous” guideline for laches in its filing against lead plaintiff New York before the U.S. Court of Appeals for the D.C. Circuit in docket 21-7078. The company argued Instagram and WhatsApp wouldn’t have achieved their growth without Facebook’s promotion and investment. “Subjecting Facebook to an equitable remedy now for these long-ago applications of the policies would be presumptively prejudicial,” it argued, seeking affirmation of the district court decision.