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Facebook Rulings Are a Setback for Antitrust Regulators but May Spur Amendments | Skadden, Arps, Slate, Meagher & Flom LLP

Aspen Skiing 20 that a monopolist has “the right to refuse to deal with other firms” 21 unless “the only conceivable rationale or purpose” for the refusal to deal is “to sacrifice short-term benefits in order to obtain higher profits in the long run from the exclusion of competition.” 22 Judge Boasberg concluded that, in order for a refusal to deal claim to be actionable, it “must involve specific instances in which that policy was enforced (i) against a rival with which the monop...
New York United States District Of Columbia Jamesw Renfield Miller Jamese Boasberg Lina Khan

U.S. District Court Dismisses Government Actions Against Facebook | Troutman Pepper

Discussion of the Decisions The FTC and 46 states separately sued Facebook in December 2020, alleging that Facebook violated Section 2 of the Sherman Act through its alleged "buy or bury" strategy of acquiring Instagram (2012) and WhatsApp (2014) and by adopting policies that prevented app developers that Facebook viewed as potential competitive threats from accessing Facebooks platform interfaces (API Policies). The states also sought relief under Section 7 of the Clayton Act, which prevents a...
United States District Of Columbia James Boasberg Amy Klobuchar National Association Of Attorney Generals Networking Services

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