Tuesday, June 29, 2021
Yesterday’s decision dismissing the FTC’s complaint against Facebook is a high-profile example of the Twombly/Iqbal pleading framework in action. From District Judge Boasberg’s introduction:
Although the Court does not agree with all of Facebook’s contentions here, it ultimately concurs that the agency’s Complaint is legally insufficient and must therefore be dismissed. The FTC has failed to plead enough facts to plausibly establish a necessary element of all of its Section 2 claims — namely, that Facebook has monopoly power in the market for Personal Social Networking (PSN) Services. The Complaint contains nothing on that score save the naked allegation that the company has had and still has a “dominant share of th[at] market (in excess of 60%).” Redacted Compl., ¶ 64
Judge Boasberg did, however, give the FTC 30 days to file an amended complaint.