Meta has petitioned a judge to dismiss an antitrust case brought by the Federal Trade Commission (FTC) against the company before it proceeds to trial. Joined by 48 states and territories, the FTC filed suit against Meta in 2020 with the aim of compelling the company to divest Instagram and WhatsApp, acquisitions made in 2012 and 2014, respectively.

According to the agency and numerous attorneys general, Meta (formerly known as Facebook) acquired these platforms to stifle competition. The FTC asserted that Meta CEO Mark Zuckerberg recognized the potential of acquiring Instagram and WhatsApp to quash direct threats and impede competition in the personal social networking market.

Meta contends that the FTC had previously approved both acquisitions and highlights that an initial complaint against the company was dismissed for lacking a plausible claim. While an amended complaint has been permitted to proceed, Meta argues that the FTC has failed to substantiate its case during the discovery process, particularly regarding Meta's alleged monopoly power and the harm caused by these acquisitions to consumers and competition.

In its motion for summary judgment, Meta points out that Instagram, which accounted for nearly 30 percent of the company's total revenue in the first half of 2022, was not profitable at the time of its $1 billion acquisition in 2012. Meta emphasizes its substantial investments in enhancing Instagram and WhatsApp, introducing new features such as direct messaging, livestreaming, Stories, and shopping, as well as making WhatsApp free to use and implementing advanced functionalities like end-to-end encryption, voice, and video calling.

Furthermore, Meta challenges the FTC's definition of the "personal social networking services" market, arguing that it excludes popular platforms like YouTube and TikTok, which offer similar features. The company disputes the FTC's claim of having a dominant share in this market, asserting that the market share numbers lack meaning without a properly defined market.

Additionally, Meta criticizes the FTC's regulatory approach, accusing the agency of wielding "structurally unconstitutional authority." Jennifer Newstead, Meta’s Chief Legal Officer, voiced concerns in a blog post, suggesting that the FTC's actions create uncertainty in the merger review process and may deter companies from investing in innovation.

In summary, Meta's legal maneuver seeks to challenge the FTC's case on multiple grounds, including market definition, monopoly claims, and regulatory authority, reflecting broader debates about antitrust enforcement and innovation in the tech industry.

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