FTC could file Facebook antitrust lawsuit by the end of this year

According to WSJ, the FTC is preparing to file a potential antitrust lawsuit against the social network.

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Mariella Moon
September 16th, 2020
In this article: Facebook, FTC, antitrust, news, gear
WASHINGTON, DC - JULY 29: Facebook CEO Mark Zuckerberg speaks via video conference during the House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law hearing on Online Platforms and Market Power in the Rayburn House office Building, July 29, 2020 on Capitol Hill in Washington, DC.  (Photo by Mandel Ngan-Pool/Getty Images)
Pool via Getty Images

The FTC is preparing for a possible antitrust lawsuit against Facebook before the year ends, according to The Wall Street Journal and Bloomberg. If you’ll recall, the agency started looking into the social network’s purchase of smaller companies like Instagram and WhatsApp last year, shortly after it slapped Facebook with a $5 billion fine over its privacy practices related to the Cambridge Analytica scandal. While the FTC approved those acquisitions, it has the authority to revisit past transactions — in this case, its efforts were part of its investigation on the anticompetitive practices of the tech industry as a whole.

Back in July, lawmakers grilled Facebook chief Mark Zuckerberg on the company’s $1 billion Instagram acquisition during an antitrust hearing also attended by Google’s and Amazon’s CEOs. Several emails from the social network’s top execs were brought up, including one where they talked about having to “neutralize a potential competitor.” Zuckerberg also reportedly wrote in an email that Facebook “can likely always just buy any competitive startups,” though he said he didn’t remember writing the note.

A report by The New York Times in July said it’s “virtually impossible” for the FTC to finish its investigation before 2021, but things may have changed since then. That said, the agency has yet to come to a final decision: WSJ says the commissioners still need to vote in favor of filing a lawsuit. If the FTC does decide to push through with filing one, it could take years to resolve, and the results of the upcoming elections could affect its outcome. In the event that Facebook loses the antitrust case, it could face restrictions or be forced to break off parts of its business, depending on what the agency can prove in court.

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