State AGs appeal dismissal of their antitrust suit against Facebook

New York State Attorney General Letitia James speaks throughout a “Defend Democracy” rally, going down on the primary anniversary of the January 6, 2021 assault on the U.S. Capitol, in Brooklyn, New York, U.S., January 6, 2022.

Brendan McDermid | Reuters

A coalition of attorneys basic from practically 50 states and territories appealed a judge’s dismissal of its antitrust case against Facebook in a new filing on Friday.

The states, led by New York AG Letitia James, argued the choose wrongly dismissed their case, which alleged Facebook, now referred to as Meta, illegally maintained monopoly energy and made illegal acquisitions of Instagram and WhatsApp to foreclose competitors.

In June, U.S. District Court Judge James Boasberg wrote that the lengthy interval of time the states waited to problem the acquisitions was unprecedented on the state degree and mentioned its claims about Facebook’s try and amass energy via its knowledge insurance policies weren’t unlawful underneath antitrust legislation.

The states argue in their appeal that the court docket’s willpower of an unreasonable delay in submitting its case “does not apply against sovereign States suing to protect the public interest, like the States here.” They additionally wrote that the choose erred in figuring out Facebook’s knowledge insurance policies couldn’t violate antitrust legislation.

Additionally, the states argued the district court docket choose wrongly presumed Facebook stopped the alleged illegal conduct on its platform by 2018 and that injunctive aid shouldn’t be obtainable in that case. But the states argued illegal conduct continued and that the aid stays obtainable even after the conduct stops.

At the identical time that he dismissed the states’ case, Boasberg dismissed a similar complaint from the Federal Trade Commission, filed the identical day because the states’ case, however he gave the company one other probability to make its argument. Earlier this week, he granted the FTC the ability to move forward with its case, after it filed a beefed-up model of its grievance addressing most of his qualms.

Meta didn’t instantly reply to a request for remark.

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