The seven-week trial wrapped up Tuesday, and now each side has four months to make its case in writing. Then
The FTC argues Meta, then known as Facebook Inc., bought the two companies in 2012 and 2014 rather than compete with them. The agency argued Meta made the acquisitions to reinforce its monopoly in the slice of the social networking market that’s focused on connections between friends and family. If Boasberg sides with the FTC and finds the company illegally monopolized that market, it’s possible Meta could be forced to spin off Instagram, WhatsApp, or both.
That process could still take years to play out. If Meta wins outright, the FTC is expected to quickly appeal. But Boasberg’s ruling will only address whether the company violated the law. If he sides with the FTC, that will trigger another trial over how to address the harm from Meta’s conduct.
It’s unclear when Boasberg will issue a ruling, though it could come before the end of the year.
A Meta spokesperson called the FTC’s case weak and said the trial revealed the competitive nature of the technology industry.
The FTC didn’t immediately respond to a request for comment on the end of the trial. An agency spokesperson previously said that Meta based its case on “primarily its own self-interested executives and paid experts.”
Full Sale
The FTC maintains that only a full sale of both assets will fix the problem. Boasberg, though, will have some latitude to come up with his own solution. He could find that only one of the deals was illegal and require only a sale of that service. Or he could decide something else not yet contemplated by the FTC.
Lawyers for the FTC have spent recent weeks in Washington grilling various Meta executives, including Chief Executive Officer
Meta, meanwhile, has argued that its
While several new revelations emerged throughout the trial — including the fact that Zuckerberg
Narrow Market
The FTC’s narrowly defined market was always the weakest part of its case, said Rebecca Allensworth, a Vanderbilt law professor and antitrust expert. “They’re going to want to argue for a market that’s really small, that is as close to what Facebook does as possible,” she said.
But the FTC has done a nice job of minimizing that weakness, Allensworth added. “They said that Facebook has something that the other social media sites don’t have, and that’s a direct connection to your friends and family, and that this makes it a different kind of product and not a substitute” for competitors, she said. This was evident when Meta saw spikes in usage on holidays, Allensworth said, a sign people were turning to its products to connect with loved ones.
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Lawyers for Meta argued that its offerings have evolved significantly since Facebook’s founding, and since it acquired Instagram and WhatsApp, to include products that expand its list of competitors. While the FTC includes Snap Inc.’s Snapchat as a competitor, it doesn’t include products like TikTok and YouTube, or
Friends and Family
Friends and family sharing “is not the primary core use anymore” of Meta’s products, Teresi said, citing the recent rise in recommended content on Meta’s platforms from outside a user’s social circle. The FTC has shown that friends and family sharing still exists, but has fallen short in showing that it’s still the dominant reason people come to Meta’s products. “They’ve been a victim of the passage of time,” he added.
Representatives from several other tech companies, including Reddit, X, TikTok, and Pinterest, appeared during the trial to talk about how their products compete with Meta’s for user time and attention — and thus for advertising dollars. While that competition does exist, it doesn’t help as much as Meta might expect, Teresi says.
“If you’re saying that the relevant market here is competing for advertising dollars, then you could throw anything in there,” he said. “You could throw TV in there, you could throw print in there if you wanted to, and there’s really no end to that concept.”
It remains unclear which way Boasberg is leaning. Teresi gives Meta a 60% chance of winning the trial, and there’s always the chance that both sides could still settle as they await the judge’s verdict. While Allensworth thinks that the FTC has made a strong case, she’s also unsure whether it’s strong enough to merit an actual Meta breakup.
“All antitrust cases are very hard to win,” she said. “I really actually think this could go either way.”
(Updates with FTC context in the seventh paragraph.)
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