On June 28, 2021, the U.S. District Court for the District of Columbia dismissed the FTC's complaint, as legally insufficient. A December 2021
New Yorker profile of
Lina Khan, the
Biden-appointed chair of the FTC, describes the court's decision as "a harsh criticism of how Khan's predecessors [the
Trump-appointed FTC Commissioners] had written their complaint." According to the article, the decision argued that the FTC "had provided no proof for its assertion that Facebook held a monopoly position in social networking, but, instead, seemed to assume that everyone simply saw it that way." However, following a new amended complaint from the FTC on August 19, 2021, presiding judge
James E. Boasberg, denied Meta's motion to dismiss the case on January 11, 2022. Meta had sought dismissal on grounds including that Khan should have recused herself from the vote of FTC commissioners to file the case, on the basis of her previous writing as a scholar and an analyst, which allegedly showed bias against Meta. After the dismissal effort was denied, both the FTC and Meta engaged in a discovery process. This included requests for information from
Snap Inc.'s
Snapchat and
ByteDance's
TikTok.
Trial date On February 23, 2022,
Reuters reported that the FTC proposed a trial date of December 11, 2023 to allow for sufficient discovery. However, attorneys for Meta urged the court to delay the trial date to February 13, 2024. On February 22, 2024, the FTC told the district court that the lawsuit could be ready for trial before the end of the year. Attorneys for Meta pushed back on this, and cast doubts that a "case of this size and complexity" could go to trial before the end of 2024. On November 25, the judge ruled that the case against Meta would go to trial on April 14, 2025. == Analysis ==