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Facebook again asks judge to dismiss U.S. lawsuit to force sale of Instagram, WhatsApp By Reuters



© Reuters. FILE PHOTO: The Fb emblem is displayed on a cell phone on this image illustration taken December 2, 2019. REUTERS/Johanna Geron/Illustration/File Picture

By David Shepardson

WASHINGTON (Reuters) -Fb Inc requested a choose on Monday to dismiss the U.S. authorities’s revised antitrust case that seeks to power the social media large to promote Instagram and WhatsApp after he threw out an earlier model in June.

Fb (NASDAQ:) mentioned in a court docket submitting that the Federal Commerce Fee (FTC) had failed to supply a “believable factual foundation for branding Fb an illegal monopolist.” The corporate added it seems the FTC “had no foundation for its bare allegation that Fb has or had a monopoly.”

The FTC’s amended grievance filed in August including extra element on its accusation the social media firm crushed or purchased rivals and once more requested Decide James Boasberg of the U.S. District Court docket for the District of Columbia.

Boasberg dominated in June that the FTC’s authentic grievance filed in December failed to supply proof that Fb had monopoly energy within the social-networking market.

The FTC argued at size in its revised grievance that Fb dominates the U.S. private social networking market with greater than 65% of month-to-month lively customers since 2012.

Fb submitting mentioned the FTC’s grievance was “at odds with the industrial actuality of intense competitors with surging rivals like TikTok and scores of different enticing choices for shoppers.”

The FTC voted 3-2 alongside celebration traces in August to file the amended lawsuit and denied Fb’s request that company chair Lina Khan be recused.

Fb on Monday mentioned the court docket ought to dismiss the grievance as a result of Khan’s “participation within the determination to file the (amended grievance) violates due course of and federal ethics guidelines.” It known as the revised grievance “invalid” due to Khan’s failure to recuse herself.

An FTC spokesperson didn’t instantly remark.

The company additionally in August repeated its request {that a} court docket order Fb to promote Instagram, which it purchased in 2012 for $1 billion, and WhatsApp, which it purchased in 2014 for $19 billion.

“The FTC’s fictional market ignores the aggressive actuality: Fb competes vigorously with TikTok, iMessage, Twitter (NYSE:), Snapchat, LinkedIn, YouTube, and numerous others to assist folks share, join, talk or just be entertained,” a Fb spokesperson mentioned. “The FTC can’t credibly declare Fb has monopoly energy as a result of no such energy exists.”

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