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NY AG, Others Cite Exclusionary Conduct in Facebook Case Filing

Facebook unlawfully maintained a monopoly through exclusionary conduct in violation of antitrust law, alleged New York Attorney General Letitia James (D) and a bipartisan group of AGs Thursday in response to Facebook’s motion (in Pacer) to dismiss their lawsuit. “Facebook…

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has successfully squashed, suppressed, and deterred competition, harming millions of consumers and small businesses with its illegal behavior,” said James. “Facebook’s scheme of predatory acquisitions and exclusionary conduct entrenches its monopoly power.” The states failed to “plausibly allege” Facebook’s acquisitions of Instagram and WhatsApp violated the Clayton Act, the company argued in its motion to dismiss. The AGs failed to show Instagram and WhatsApp were “uniquely situated to compete with Facebook,” the platform argued.