Antitrust

10/04/2021

The FTC Should Not Triple Down On Antitrust Mistakes

Carl Szabo
Carl Szabo Vice President and General Counsel

Last month, the Federal Trade Commission spent its capital to rehash a previous battle lost on the merits. And yet, the FTC’s second attempt to file suit against Facebook for monopolistic competition lacked more than the last.

Today, NetChoice further raised opposition to the FTC’s lawsuit against Facebook to support Facebook’s second motion to dismiss the suit.

“To make its case, the FTC remained blind to Facebook’s obvious competitors like TikTok, Twitter, YouTube, LinkedIn, Reddit, Nextdoor.com, and many more,” said Carl Szabo, Vice President and General Counsel at NetChoice. “The FTC’s failure to show that Facebook has monopoly power renders its amended complaint pointless.”

“The FTC’s amended complaint doubles down on the mistakes and factual inaccuracies it needed to rectify from its first attempt,” continued Szabo. “Rather than attempting to triple-down on its losses in this case, the FTC should instead refocus on objective analysis, the consumer welfare standard, and protecting consumer rights — none of which is present in its current case against Facebook.”

“This is further evidence that under Chair Khan, the FTC is driven by an anti-capitalist agenda rather than detailed and comprehensive analysis of markets and competition,” said Szabo.

Next Post As Florida social media law sits in limbo, legal experts say it likely won’t survive