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State AGs appeal dismissal of their antitrust lawsuit against Facebook


New York State Attorney General Letitia James speaks during the “Defend Democracy” rally, which took place on the first anniversary of the January 6, 2021 attack on the United States Capitol, in Brooklyn, New York, USA, January 6, 2022.

Brendan McDermid | Reuters

A coalition of attorneys general from nearly 50 states and territories appealed the judge dismissed its antitrust case against Facebook in one submit a new application on Friday.

The states, led by New York Representative Letitia James, argued that the judge had wrongly dismissed their case, accused Facebook, now known as Meta, illegally maintained monopoly power and made illegal acquisitions of Instagram and WhatsApp to discourage competition.

In JuneU.S. District Court Judge James Boasberg wrote that the length of time states have waited to challenge the acquisition is unprecedented at the state level and said their statements about Facebook’s attempt to Accumulating power through their data policies is not illegal under antitrust law.

The States argued in their appeal that the court’s determination of unreasonable delay in filing the application “does not apply to sovereign States that initiate action to protect the public interest, as The Nations are 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 wrongly guessed that Facebook stopped the alleged illegal behavior on its platform in 2018 and that the relief ordered would not apply in the case. that case. But the states argue that illegal behavior continues and relief is available even after the behavior stops.

At the same time he rejected the case of the states, Boasberg dismiss a similar claim from the Federal Trade Commission, filed the same day as the states’ case, but he gave the agency another chance to make his case. Earlier this week, Mr granted the FTC the ability to proceed with its case, after it filed an enhanced version of the complaint addressing most of his concerns.

Meta did not immediately respond to a request for comment.

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