A judge granted the Federal Trade Commission a second chance to pursue its charges of illegal monopolization against Facebook.
The judge granted an earlier motion to dismiss the FTC’s initial complaint, but gave it the chance to re-file.
He also said FTC Chair Lina Khan’s participation in the vote to file the amended complaint was valid, despite Facebook’s argument for her recusal.
A judge granted the Federal Trade Commission a second chance to pursue its charges of illegal monopolization against Facebook, rejecting the company’s motion to dismiss the lawsuit in a new filing on Tuesday.
U.S. District Judge James Boasberg granted Facebook’s earlier motion to dismiss over the summer, but allowed the FTC a chance to amend its complaint and try again. He also dismissed a similar lawsuit from a coalition of state attorneys general without granting a chance for reconsideration, though the states have indicated they intend to appeal that ruling.
“The Federal Trade Commission’s first antittrust suit against Facebook, Inc. stumbled out of the starting blocks, as this Court dismissed the Complaint last June,” Boasberg wrote in Tuesday’s filing. He said while the Commission’s core theory remains the same in its updated complaint, “The facts alleged this time around to fortify those theories, however, are far more robust and detailed than before, particularly in regard to the contours of Defendant’s alleged monopoly.”