FEDERAL TRADE COMMISSION v. META PLATFORMS, INC.
1:20-cv-03590
D.D.C.Jun 3, 2025Background
- The Federal Trade Commission (FTC) sued Meta Platforms, Inc. under Section 13(b) of the FTC Act, seeking injunctive relief for alleged unlawful monopolization in violation of antitrust law.
- The FTC's key burden is to show Meta is currently violating antitrust laws by possessing monopoly power, not simply that it did so in the past.
- The court previously allowed evidence and testimony regarding market conditions that occurred after formal discovery closed, such as events related to new or changing competitors.
- The FTC moved to exclude or heavily discount any post-discovery evidence or testimony not previously disclosed to them, particularly live testimony on post-discovery market data.
- The FTC argued that Section 13(b) only sets a pleading standard, and that the likelihood of a violation recurring (not current conditions) is the operative standard for injunctive relief.
- Meta and the court highlighted that both sides relied on post-discovery evidence, and the current market status is central to determining whether to grant relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of Post-Discovery Evidence | Should be excluded or discounted as unreliable and prejudicial | Relevant for showing current monopoly power | Court allows post-discovery evidence; relevant and fair |
| Statutory Standard under Section 13(b) | Only a pleading standard; focus on likelihood to recur | Must prove current violation/monopoly power | Court requires proof of current monopoly power, not just likelihood |
| Reliability and Prejudice of Testimony | Unreliable, not properly scrutinized | Both parties used post-discovery data; no misrepresentation | Court found no unreliability or Rule violations |
| Procedural Fairness in Admission | Lack of pretrial limitation prejudiced FTC | No order was sought by FTC; both sides used the evidence | Court found no unfairness; FTC waived objections by own conduct |
Key Cases Cited
- FTC v. Facebook, Inc., 560 F. Supp. 3d 1 (D.D.C. 2021) (outlines Section 13(b) burden to prove ongoing antitrust violation)
- FTC v. Facebook, Inc., 581 F. Supp. 3d 34 (D.D.C. 2022) (further clarifies requirements for injunctive relief in monopolization cases)
- United States v. General Dynamics Corp., 415 U.S. 486 (1974) (courts assess current structure, history, and probable future of an industry)