Facebook filed a motion to dismiss on Monday Federal Trade Commission’s revised antitrust lawsuit against the company, adding that the agency’s complaint still lacks evidence that the company violated antitrust laws.
In a filing filed in the US District Court for the District of Columbia, Facebook said the agency failed to provide sufficient evidence and analysis that the company had a monopoly and harmed rivals through its dominant position. The judge overseeing the case, James E. Bosberg, said in June that The agency didn’t set up Facebook as a monopoly in its original lawsuit but gave the agency an opportunity to amend its complaint with a stronger analysis.
“This court has given the agency a second chance to make a valid claim,” the company said in its filing. “But the same shortcoming that was fatal to the FTC’s initial complaint remains: the revised complaint still provides no facts that Facebook had, and at all relevant times, had monopoly power.”
Facebook’s motion to dismiss the case was widely expected. The company’s chief executive officer, Mark Zuckerberg, has promised to fight any government attempt to stop the company through antitrust action.
Under the new leadership of the FTC, Leena Khan, redefined the matter in August with the same broad arguments and with some further analysis on market share and how Facebook used the merger with Instagram and WhatsApp to “buy or bury”. The agency also alleged that Facebook prevented rival apps from being plugged into the Facebook platform, starving competition from accessing Facebook’s vast user base. The agency said in its lawsuit that Facebook should be disbanded.
The judge has until mid-November to respond to the company’s motion to dismiss the case.