A U.S. District Court judge has dismissed a lawsuit against Facebook brought forth by the Federal Trade Commission (FTC), arguing that the agency’s complaint against the social media giant was “legally insufficient.”
In its complaint, the FTC said Facebook violated Section 2 of the Sherman Act.
However, District Court Judge James Boasberg dealt a blow to the agency’s efforts on Monday when he agreed with Facebook that the complaint should be dismissed.
“Although the Court does not agree with all of Facebook’s contentions here, it ultimately concurs that the agency’s Complaint is legally insufficient and must therefore be dismissed,” Boasberg wrote. “The FTC has failed to plead enough facts to plausibly establish a necessary element of all its Section 2 claims—namely, that Facebook has monopoly power in the market for personal social networking services.”
However, Boasberg also dismissed the complaint without prejudice, leaving the door open for the FTC to file a complaint once again.
“Because this defect could conceivably be overcome by re-pleading, however, the Court will dismiss only the Complaint, not the case, and will do so without prejudice to allow Plaintiff to file an amended Complaint,” the court document reads.
Facebook did not immediately respond to a request for comment from the Daily Dot. We’ll update this story if we hear back.
Read more about Big Tech
*First Published: Jun 28, 2021, 3:40 pm CDT
Andrew Wyrich is the deputy tech editor at the Daily Dot. Andrew has written for USA Today, NorthJersey.com, and other newspapers and websites. His work has been recognized by the Society of the Silurians, Investigative Reporters & Editors (IRE), and the Society of Professional Journalists (SPJ).