Analysis

Privacy, Not Price, Takes Focus In Facebook Antitrust Suits

Law360 (December 11, 2020, 4:29 PM EST) -- The Federal Trade Commission and 48 attorneys general on Wednesday set up what could be a watershed in antitrust enforcement by challenging Facebook's acquisitions of Instagram and WhatsApp, while adopting a strategy that shifts focus away from the typical yardstick of price.

The enforcers instead laid out in separate suits how the social media giant's allegedly anti-competitive conduct has harmed privacy, a rare instance of an antitrust fight waged for non-price-related harm to consumers.

In their D.C. federal court complaint, the 46 states plus the District of Columbia and Guam placed particular focus on how Facebook's alleged monopolistic conduct — scooping...

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