June 29, 2021

rIGHT/lEFT HARDEST HIT:

The feds had a plan to take on Facebook. A judge just scrambled it. (LEAH NYLEN and EMILY BIRNBAUM, 06/28/2021, Politico)

In particular, the judge faulted the agency's assertion that Facebook controls 60 percent of the market for social networking services. Boasberg said FTC and state prosecutors were "non-committal" about Facebook's market share and didn't offer any examples of competitors beyond defunct and largely unused services like Path, MySpace and Friendster.

"It is almost as if the agency expects the Court to simply nod to the conventional wisdom that Facebook is a monopolist," Boasberg wrote.

Other than the fact that there is nothing illegal and there is no harm, their theory of the case is brilliant. 

Posted by at June 29, 2021 12:00 AM

  

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