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NetChoice Opposes the Split Decision by the Federal Trade Commission to Sue Facebook

Today, NetChoice raised opposition to efforts led by the Federal Trade Commission’s three-to-two decision to upend successful antitrust law. The action brought against Facebook fails to meet the basis for antitrust enforcement, the consumer welfare standard. In the split decision, the Federal Trade Commission recommends Facebook face antitrust action that splinters the business to pieces.

“After feeling the political pressure to go after America’s most successful businesses, a split Federal Trade Commission produced a sure-to-lose case for breaking up Facebook that fails to cite abuse of market power or consumer harm,” said Carl Szabo, Vice President and General Counsel of NetChoice. “As the dissenting Commissioners Phillips and Wilson recognize, antitrust laws exist to protect consumers not to punish success. Still, the Federal Trade Commission has shirked consumer harm and instead attacked a beacon of American innovation.”

“From Snapchat to Reddit and TikTok and so many more, social media platforms face intense competition in the innovation race,” continued Szabo. “Unfortunately, three commissioners of the Federal Trade Commission ignored the competitive landscape online in order to cave to the complaints of activists who for the last decade have pushed for the break-up of America’s most popular brands. The end result of ‘structural relief’ will make it harder for everyday Americans to have free-to-use, quality services online.”