London Daily

Focus on the big picture.
Friday, Oct 02, 2026

Facebook must be broken up, the US government says in a groundbreaking lawsuit

Facebook must be broken up, the US government says in a groundbreaking lawsuit

Dozens of states and the federal government sued Facebook on Wednesday in twin antitrust lawsuits, alleging that the social media giant has abused its dominance in the digital marketplace and engaged in anticompetitive behavior.
Dozens of states and the federal government sued Facebook (FB) on Wednesday in twin antitrust lawsuits, alleging that the social media giant has abused its dominance in the digital marketplace and engaged in anticompetitive behavior.

The Federal Trade Commission, in particular, is seeking a permanent injunction in federal court that could, among other things, require the company to divest assets, including Instagram and WhatsApp, effectively breaking up Facebook as we know it. The states are also calling for the company to be broken up, if necessary.

"Personal social networking is central to the lives of millions of Americans," said Ian Conner, Director of the FTC's Bureau of Competition, in a statement. "Facebook's actions to entrench and maintain its monopoly deny consumers the benefits of competition. Our aim is to roll back Facebook's anticompetitive conduct and restore competition so that innovation and free competition can thrive."

The parallel lawsuits, months in the making, represent an unprecedented challenge to one of Silicon Valley's most powerful corporations. The complaints zero in on Facebook's acquisition and control over Instagram and WhatsApp, two key services in its social media empire. Facebook announced in 2012 that it was buying Instagram for $1 billion; two years later, it announced a $19 billion acquisition of WhatsApp.

The suits come roughly 14 months after New York Attorney General Letitia James announced that her office was leading a group of attorneys general in investigating Facebook for potential anticompetitive practices. More than 40 attorneys general ultimately signed onto Wednesday's complaint. The FTC, meanwhile, has been conducting its own antitrust investigation of Facebook since June 2019.

"For nearly a decade, Facebook has used its dominance and monopoly power to crush smaller rivals and snuff out competition," James said at a press conference Wednesday. "By using its vast troves of data and money, Facebook has squashed or hindered what the company perceived to be potential threats."

The state suit calls for a court order requiring Facebook to notify state officials of any future acquisitions valued at $10 million or more.

"The most important fact in this case, which the Commission does not mention in its 53-page complaint, is that it cleared these acquisitions years ago," Jennifer Newstead, VP and General Counsel at Facebook, said in a statement. "The government now wants a do-over, sending a chilling warning to American business that no sale is ever final."

"People and small businesses don't choose to use Facebook's free services and advertising because they have to, they use them because our apps and services deliver the most value," Newstead added. "We are going to vigorously defend people's ability to continue making that choice."

Although regulators may not have opposed the WhatsApp and Instagram deals at the time, competition watchdogs have every right to change their minds in light of new evidence, said William Kovacic, a former chairman of the FTC.

"There's nothing in US merger law that says an agency's decision not to challenge a proposed deal immunizes that deal from future review," he said.

Much of the scrutiny of Facebook concerns the companies it has purchased to build up a massive audience that now totals more than 3 billion users across its portfolio of apps, according to its financial statements. That dominance has raised questions by some legal experts, including US lawmakers, about whether Facebook CEO Mark Zuckerberg set out to neutralize competitive threats by gobbling them up.

As the drumbeat in Washington against Facebook has grown louder, the company has had years to prepare for a showdown. It's moved to tightly integrate its apps on a technical level, a decision some critics have suggested is a strategy to frustrate any potential breakup. It's stepped up its hiring of lawyers with antitrust and litigation experience.

And the company has fine-tuned its talking points, settling on a narrative that Facebook welcomes regulation but that cracking down too hard could risk giving other countries like China a competitive edge in the fast-moving technology sector.

Wednesday's legal action makes Facebook the second global tech company to be taken to court by US and state government officials this year over antitrust concerns.

In October, the Justice Department and 11 states filed a lawsuit against Google, alleging that it had stifled competition to maintain its powerful place in online search and search advertising. (Google has called the suit "deeply flawed" and that consumers use Google's platform because they choose to, not because they are forced to.) The last major tech antitrust suit before that, experts say, dates back to the US government's landmark case against Microsoft in the late 1990s and early 2000s.

Facebook and Google aren't the only tech companies of concern among policymakers. US officials have increasingly probed the entire tech sector for potential anticompetitive behavior, giving particular focus to the big four firms that now touch every corner of our lives. The scrutiny has ranged from

Apple's control over the iOS app ecosystem to Amazon's treatment of independent sellers on its e-commerce platform.

In Facebook's case, government officials will need to prove in court that the company's alleged misconduct led to real-world, measurable harms to consumers or competition, said Hal Singer, an economist and antitrust expert at George Washington University's Institute of Public Policy.

"It doesn't have to be a price effect; it could be some privacy thing," Singer said. "But you have to show it causally."

According to the state suit, Facebook's alleged misconduct has resulted in consumers being harmed. Internet users have fewer choices among social media platforms and poorer experiences, the complaint said, while the tech industry has suffered from "reduced investment in potentially competing services."

In another critical allegation, state officials said Facebook opened its platform to third-party app developers to draw them into the company's orbit, then cut off their access to Facebook's services once Facebook perceived them to be a competitive threat.

Singer said that if Facebook is ultimately deemed to have violated the law, the company could try to forestall a breakup by arguing that its services are too tightly integrated to be unwound. But, he said, it would be up to the courts to determine whether that is a persuasive argument.

As the Microsoft case showed, antitrust lawsuits can take years to play out. But they can ultimately have an enormous impact. Experts credit the Microsoft suit, which was eventually settled, with paving the way for Google's rise.

Similarly, a court ruling that breaks up Facebook or imposes certain behavioral limitations could have wide-ranging effects on what new startups may emerge — and what products consumers see in the marketplace.
Newsletter

Related Articles

0:00
0:00
Close
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Chancellor John Healey Faces Tax and Pension Scrutiny Ahead of Autumn Budget
Metropolitan Police Apologise for Accidental Disclosure in High-Profile Investigation
UK Universities Report Record International Enrolment as Housing Pressure Grows
UK Logistics Firms Monitor Rhine Disruption as Low Water Threatens European Supply Chains
UK Food Industry Warns Inflation Could Approach 7%
UK Introduces Vaping Duty and Mandatory Retail Stamps
Scotland Raises Property Taxes and Expands Child Payment in Annual Budget
Greggs Plans Four Factory Closures With 740 Jobs at Risk
OECD Raises UK 2026 Growth Forecast to 1.1%
UK Inflation Rises to 3.1% as Bank of England Faces Rate Debate
Andy Burnham Criticises Brexit and Says Rejoining EU Single Market Remains an Option
UK Imposes New Sanctions on Russian Military Networks and Propagandists
UK Launches Nationwide Early-Release Prison Scheme
Andy Burnham Says Security Services See Signs of Iranian Involvement in RAF Fairford Incident
Manchester City Found Guilty on Premier League Financial Charges After Independent Investigation
Scottish Court to Rule on Bid to Force No-Confidence Vote Against Aberdeen Council Co-Leader
UK Bans Extra Charges for Seating Children Under 12 Beside Accompanying Adults
UK Introduces Vaping Duty and New Licensing Requirements
Greggs to Close Four UK Factories and Cut 740 Jobs
Hundreds of Prisoners Released Early as England and Wales Prisons Reach 98% Capacity
UK Unveils New Russia Sanctions Targeting War Funding and Shadow Fleet
Burnham Says There Are Strong Indications of Iranian Involvement in RAF Fairford Security Breach
Prime Minister Andy Burnham Raises Prospect of Reviewing Britain's Post-Brexit EU Relationship
Markets Price in Bank of England Rate Increases as Inflation Rises to 3.1%
UK Borrowing Costs Climb Toward 5.5% as Global Bond Sell-Off Intensifies
UK-France One-In-One-Out Migration Agreement Expires as London Seeks Alternative Measures
Southwest England Faces Flood Alerts After Heavy Autumn Storms
UK Expands Funding for Rapid Electric Vehicle Charging Infrastructure
Welsh Government Approves Funding to Upgrade South Wales Transport
Northern Ireland Tensions Rise as Orange Order Rejects Drumcree Compromise
NHS Leaders Back Early Design of Proposed National Care Service
More Than One-Third of Regional UK Universities Face Financial Deficits
UK Current Account Deficit Narrows as Cross-Border Financial Flows Remain Strong
Bank of England and FCA Issue New Rules for Stablecoins and Digital Assets
MI5 Warns UK Universities Over Research Links With Chinese Institutions
UK Energy Price Cap Rises 4% as Electricity VAT Is Temporarily Suspended
Equity Calls for UK Personality Rights to Protect Performers From AI Replication
OpenAI Pauses Advanced Model Training Following Safety Concerns
Scottish Government Proposes Replacing 32 Councils With Larger Regional Authorities
Ofgem Raises UK Household Energy Price Cap by 4% From October
UK Counter-Terrorism Police Continue Investigation After Five Arrests Near RAF Fairford
OECD Cuts UK 2027 Growth Forecast to 1%
Labour Says State Pension Triple Lock Remains Protected Through Current Parliament
Andy Burnham Pledges National Care Service With Free Social Care in England
Six Flags Permanently Shuts Landmark X2 Roller Coaster Following Safety Scandals
Metropolitan Police Rule Out Terrorism in Golders Green Stabbing Investigation
Lithium-Ion Battery Identified as Cause of Fatal Merseyside House Fire
UK Department Rejects New Sea Use Framework Due to Stakeholder Fatigue
Major Thames Water Pipe Burst Causes School Closures in London
×