Bipartisan antitrust leaders urge FTC to pursue Facebook case

Congressional leaders on antitrust are urging the Federal Trade Commission (FTC) to pursue its monopolization case against Facebook.

In a letter Friday, Sens. Amy Klobuchar (D-Minn.) and Mike Lee (R-Utah) and Reps. David Cicilline (D-R.I.) and Ken Buck (R-Colo.) urged the regulatory agency’s chief Lina Khan to pursue enforcement action against the social media giant despite an unfavorable court ruling earlier this week.

U.S. District Court Judge James E. Boasberg sent the FTC’s case back to the agency Monday, ruling that it had provided insufficient evidence for the claim that Facebook controls over 60 percent of the personal social networking market.

The FTC was given 30 days to refile its complaint. The agency also has the option to file charges against Facebook through its in-house court.

The lawmakers, who are the chairs and ranking members of the Senate and House subcommittees dedicated to antitrust, called on the FTC 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 FTC has said it is “closely reviewing” Boasberg’s ruling and “assessing the best option forward.”

The court’s partial dismissal of the FTC’s case — and full dismissal of one brought by a coalition of state attorneys general — has intensified calls for Congress to overhaul antitrust rules to better regulate tech giants such as Apple, Amazon, Facebook and Google.

The House Judiciary Committee voted last week to advance six bills, spearheaded by Ciciline and Buck, designed to provide more resources and authority to antitrust regulators, as well as expanding the legal definition of behavior that is considered anti-competitive. 

The proposals may have difficulty getting to the House floor though, with Majority Leader Steny Hoyer (D-Md.) saying this week that they are not ready for a vote yet. There are no companion bills in the Senate.