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ARTICLE · 23 AUGUST 2021

FTC Files Amended Complaint Against Leading Social Networking Technology Company

Hogan Lovells Cadwalader
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The FTC filed an amended antitrust complaint against Facebook, alleging the company bought two main rivals and engaged in illegal "buy-or-bury" and "opened-first-closed-later" schemes.

United StatesAntitrust/Competition Law

The FTC filed an amended antitrust complaint against Facebook, alleging the company bought two main rivals and engaged in illegal "buy-or-bury" and "opened-first-closed-later" schemes. The amended complaint follows a U.S. District Court for the District of Columbia's recent decision to dismiss the original FTC complaint.

In the amended complaint, the FTC alleged that Facebook took actions to "cement" its monopoly by buying rivals Instagram and WhatsApp during the 2010s - a transition period to a mobile-first communication era. The FTC alleged that Facebook employed anticompetitive conditional dealing policies to app developers, by granting access to its platform for developers subject to their agreeing to (i) not compete with the company's core services and (ii) not facilitate potential rivals' growth. The FTC alleged Facebook "supplemented its anticompetitive shopping spree" with "buy or bury" and "open-first-close-later schemes" that hamper[ed] the ability of

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