“We write to urge the Federal Trade Commission to continue its efforts to hold Facebook accountable for potential violations of the antitrust laws”

WASHINGTON – U.S. Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT), Chairwoman and Ranking Member of the Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights, and Representatives David Cicilline (D-RI) and Ken Buck (R-CO), Chair and Ranking Member of the House Subcommittee on Antitrust, Commercial, and Administrative Law, sent a letter to Federal Trade Commission (FTC) Chair Lina Khan urging the FTC to continue its efforts to hold Facebook accountable for violations of antitrust laws and pursue its monopolization case against the company. The letter comes after a federal judge dismissed antitrust complaints brought against Facebook by the FTC and more than 40 states earlier this week.

“The conduct alleged in the FTC’s complaint against Facebook raised serious competitive concerns...As the Judge himself noted, the federal antitrust agencies rarely bring antitrust cases against Big Tech -- an approach that has resulted in the overwhelming consolidation of power in the hands of a few digital platforms, including Facebook,” the legislators wrote.

The legislators continued later in the letter: “We urge the Federal Trade Commission to continue to pursue enforcement action against Facebook and to consider all available options under the law for ensuring that the Commission’s claims receive a full and fair hearing before the court.”

Full letter text can be found below and HERE.

Dear Chair Khan: 

We write to urge the Federal Trade Commission to continue its efforts to hold Facebook accountable for potential violations of the antitrust laws.

The conduct alleged in the FTC’s complaint against Facebook raised serious competitive concerns. Claims that Facebook acquired Instagram and WhatsApp to prevent them from emerging as competitive rivals and that it blocked rival applications from interoperating with Facebook’s systems to prevent them from growing into serious competitors are deeply troubling. As the Judge himself noted, the federal antitrust agencies rarely bring antitrust cases against Big Tech -- an approach that has resulted in the overwhelming consolidation of power in the hands of a few digital platforms, including Facebook.

Accordingly, it is essential that the Commission take action to deter anticompetitive conduct by digital monopolists by ensuring that they are held liable for antitrust violations to the full extent of the law. Competition and innovation in America’s digital economy depend on it. That is why we support providing additional resources for antitrust enforcement and why each of us has proposed legislation to strengthen the antitrust laws.

We urge the Federal Trade Commission to continue to pursue enforcement action against Facebook and to consider all available options under the law for ensuring that the Commission’s claims receive a full and fair hearing before the court. The public deserves no less. 

We stand ready to support the Commission’s efforts to protect competition and consumers in digital markets and beyond. Thank you for your attention to this matter.

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