Facebook asks judge to throw out antitrust lawsuits filed by FTC and state attorneys general

mark zuckerberg congress WASHINGTON, DC - OCTOBER 23: Facebook co-founder and CEO Mark Zuckerberg leaves the Rayburn House Office Building after testifying before the House Financial Services Committee for six hours on Capitol Hill October 23, 2019 in Washington, DC. Zuckerberg testified about Facebook's proposed cryptocurrency Libra, how his company will handle false and misleading information by political leaders during the 2020 campaign and how it handles its users’ data and privacy. (Photo by Chip Somodevilla/Getty Images)
There’s a growing appetite in Congress for increased regulation of internet platforms like Facebook.

  • Facebook motioned to dismiss two antitrust suits filed against the tech giant on December 9.
  • Facebook argues the FTC does not have evidence to prove Facebook broke the Sherman Antitrust Act.
  • The tech giant also said state attorneys general waited too long to file their lawsuit.
  • See more stories on Insider’s business page.

Facebook has motioned to dismiss two lawsuits that aim to break up the tech giant.

The firm filed motions asking to dismiss lawsuits filed by the Federal Trade Commission and 48 state attorneys general on December 9. The suits alleged Facebook neutralizes competitors – like by buying WhatsApp and Instagram – before they can threaten the social media giant’s dominance.

Facebook argued the suits fail to provide enough evidence that the tech giant engaged in anticompetitive practices. For instance, the social media giant does not have monopoly power over prices because it offers products for free, the motion argues.

Regarding the attorney general suit, Facebook argues the states waited too long to act, and cannot prove that Instagram and WhatsApp would have been competitors to the social media giant.

Read more: Wall Street pours cold water on the Facebook breakup party: ‘The courts won’t buy this.’

“Over the many years since the government cleared the Instagram and WhatsApp mergers, this competition has only gotten more fierce, and consumers have benefitted enormously from Facebook’s investments in these free apps,” a Facebook spokesperson said in a statement to Insider. ” The government ignores these realities and attempts to rewrite history with its unprecedented lawsuit.”

The US has threatened to break up tech giants, including Facebook, Apple, Amazon, and Google, for years. The Department of Justice filed an anticipated lawsuit against Google’s alleged exclusionary business deals in October.

Experts previously told Insider the suits are unlikely to lead to a break up of WhatsApp and Instagram from Facebook but will pave the way for greater tech oversight.

President Joe Biden is planning on stacking his administration with antitrust advocates as insiders expect him to strengthen tech regulation.

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