After years of pushback from the Federal Trade Commission over Meta’s acquisitions of Instagram and WhatsApp, Meta has defeated the FTC’s monopoly claims.
In a Tuesday ruling, US District Judge James Boasberg said the FTC failed to show that Meta has a monopoly in a market dubbed “personal social networking.” In that narrowly defined market, the FTC unsuccessfully argued, Meta supposedly faces only two rivals, Snapchat and MeWe, which struggle to compete due to its alleged monopoly.
But the days of grouping apps into “separate markets of social networking and social media” are over, Boasberg wrote. He cited the Greek philosopher Heraclitus, who “posited that no man can ever step into the same river twice,” while telling the FTC they missed their chance to block Meta’s purchase.
Essentially, Boasberg agreed with Meta that social media—as it was known in Facebook’s early days—is dead. And that means that Meta now competes with a broader set of rival apps, which includes two hugely popular platforms: TikTok and YouTube.
“When the evidence implies that consumers are reallocating massive amounts of time from Meta’s apps to these rivals and that the amount of substitution has forced Meta to invest gobs of cash to keep up, the answer is clear: Meta is not a monopolist insulated from competition,” Boasberg wrote.
In fact, adding just TikTok alone to the market defeated the FTC’s claims, Boasberg wrote, leaving him to conclude that “Meta holds no monopoly in the relevant market.”
The FTC is not happy about the loss, which comes after Boasberg determined that one of the agency’s key expert witnesses, Scott Hemphill, could not have approached his testimony “with an open mind.” According to Boasberg, Hemphill was aligned with figures publicly calling for the breakup of Facebook, and that made “neutral evaluation of his opinions more difficult” in a case with little direct evidence of monopoly harms.