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FTC's updated suit against Facebook incorrectly claims that Facebook has driven up ad prices via monopoly control over the personal social networking market

re-filed its antitrust lawsuit against Facebook  —  after a federal judge deemed that the agency failed to prove …

Mobile Dev Memo Eric Benjamin Seufert

Context & Ripple Effects

The FTC is on its second attempt: a federal judge dismissed the original complaint in June for failing to prove its allegations, and the agency refiled an amended complaint on August 19, giving Facebook until October 4 to respond. The refiled suit leans on market-definition work around engagement metrics like time on-site and active users to frame Facebook's dominance of personal social networking through measurable monopoly indicators.

This piece from Mobile Dev Memo is a pushback against the FTC's core economic claim: it argues the suit is wrong that Facebook's control of personal social networking has driven up ad prices. That critique matters because the June dismissal already showed how hard it is to make antitrust charges stick against the company when the market definition and harm theory wobble.

First-order effects

  • Facebook must respond to the amended complaint by October 4, with its defense likely attacking whether 'personal social networking' is the right market and whether ad prices actually rose under its control.

Second-order effects

  • If the FTC's ad-price theory fails again, pressure shifts from litigation to legislation — Axios reported after the June dismissals that the setbacks could spur lawmakers to strengthen outdated antitrust laws.

Third-order effects

  • If courts keep rejecting monopoly claims built on engagement-metric market definitions, enforcement against platform giants increasingly depends on Congress rewriting the statutes rather than agencies litigating under existing ones.

The trend: US antitrust enforcement against dominant platforms is being stress-tested in court, with each failed complaint shifting momentum toward legislative reform.

Discussion

  • @fbnewsroom @fbnewsroom on x
    We are reviewing the FTC's amended complaint and will have more to say soon.
  • @jason_kint Jason Kint on x
    good addition in the amended complaint here in yellow to add clarity to the impact of WhatsApp being under the control of Mark Zuckerberg. /19 https://twitter.com/...
  • @jamessurowiecki James Surowiecki on x
    The FTC is arguing that Instagram *was* a competitor to Facebook, making Facebook's acquisition of Instagram anti-competitive, but that TikTok is not a competitor to Facebook? How does that make any sense? https://www.washingtonpost.com/ ...
  • @adamkovac Adam Kovacevich on x
    Put differently, it's designed to make FB's critics 👏, not designed to overcome Judge Boasberg's criticisms.