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FTC v. Meta: Meta asks the judge to throw out the antitrust case, arguing that “after five weeks of trial”, the FTC failed to prove Meta is an illegal monopoly

Adi Robertson / The Verge :

The Verge Adi Robertson

Context & Ripple Effects

The dispute had already survived an early pleading-stage setback and revival, then a 2024 ruling requiring Meta to face a breakup-focused trial. At trial, the FTC framed Meta’s Instagram and WhatsApp purchases as a “buy-or-bury” strategy, while Meta emphasized competition and its role in building those services.

This dismissal request concentrates the case on whether the FTC’s trial record establishes monopoly power, not merely whether the agency could bring the claim. The later FTC appeal of a ruling favoring Meta shows that this evidentiary and market-definition fight remained consequential beyond the trial court.

First-order effects

  • Meta seeks to end the case without a liability finding or a breakup remedy; the FTC must persuade the judge that its five-week record proves an illegal monopoly.
  • The immediate focus shifts from the parties’ competing acquisition narratives to the sufficiency of the FTC’s proof of Meta’s present market power and competitive constraints.

Second-order effects

  • A dismissal would narrow the FTC’s ability to use this case as a practical precedent for challenging completed platform acquisitions; a denial would keep the prospect of a structural remedy active.
  • Other large platforms considering acquisitions would closely watch how the court treats competition from alternative services, a defense Meta also advanced when it rested its trial case.

Third-order effects

  • If courts demand especially concrete proof of durable market power and harm to unwind long-completed deals, merger enforcement against established digital platforms may become harder after the fact.
  • The case underscores a broader contest over whether antitrust analysis can treat social-platform competition as a distinct market or must account for a wider set of attention and communications rivals.

The trend: This is one data point in the FTC’s effort to apply traditional monopoly and merger theories to mature digital platforms whose competitive boundaries are heavily contested.

Discussion