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State AGs are appealing the dismissal of their antitrust lawsuit against Facebook

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State AGs are appealing the dismissal of their antitrust lawsuit against Facebook

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New York State Attorney General Letitia James speaks at a ‘Defend Democracy’ rally, taking place on the first anniversary of the January 6, 2021 attack on the US Capitol, in Brooklyn, New York, U.S. on January 6, 2022.

Brendan McDermid | Reuters

A coalition of attorneys general from nearly 50 states and territories appealed a judge’s dismissal of its antitrust case against Facebook in a new filing on Friday.

The States, led by New York AG Letitia James, argued that the judge wrongly dismissed their case, which alleged that Facebook, now known as Meta, illegally maintained monopoly power and made illegal acquisitions of ‘Instagram and WhatsApp to ban competition.

In June, U.S. District Court Judge James Boasberg wrote that the long wait for states to challenge acquisitions was unprecedented at the state level and said his claims about Facebook’s attempt to hoarding power through its data policies was not illegal under antitrust law.

The states argue in their appeal that the court’s decision of an unreasonable delay in filing its case “does not apply to sovereign states suing to protect the public interest, like the states here.” They also wrote that the judge erred in determining that Facebook’s data policies could not violate antitrust law.

Additionally, the states argued that the district court judge incorrectly presumed that Facebook had ended the alleged illegal behavior on its platform by 2018 and that an injunction should not be available in this case. . But the states have argued that the unlawful conduct continues and the remedy remains available even after the conduct has stopped.

Along with dismissing the States’ case, Boasberg dismissed a similar complaint from the Federal Trade Commission, filed the same day as the States’ case, but he gave the agency another chance to assert its case. argument. Earlier this week, he granted the FTC the chance to move his case forward, after filing an enhanced version of his complaint addressing most of his concerns.

Meta did not immediately respond to a request for comment.

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State AGs are appealing the dismissal of their antitrust lawsuit against Facebook

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