San Francisco (AFP)

The US competition authority (FTC) filed a new case against Facebook on Thursday, accusing the social media giant of abuse of dominance after its first attempt was rejected by a judge in June.

The initial complaint for anti-competitive practices, filed in December, threatened the California group with having to part ways with Instagram and WhatsApp, but Washington federal judge James Boeasberg said it lacked "concrete evidence on the real power of Facebook." .

The revised complaint gives more details on the means used by the firm to oust competition, especially in the early 2010s, when the mobile internet market emerged.

"Facebook lacked the technical skills and talents necessary to survive the transition to mobile," said Holly Vedova, acting director of the FTC's Competition division, quoted in a statement.

“After failing in the competition against new innovators, Facebook illegally bought them out or buried them when their popularity became an existential threat,” she continued, referring to the Instagram app and WhatsApp messaging.

As of June 30, some 3.5 billion people worldwide frequented at least one of the California group's four services every month, Facebook, Instagram, WhatsApp and Messenger.

According to the new complaint, Facebook's monopoly is "protected by significant barriers" to entry into its market, so that "even a new entrant, with a better product, cannot succeed in the face of the effects of networks whose enjoys the dominant social network ".

- "Personal social network" -

"We are reviewing the amended FTC file and will speak in more detail soon," Facebook responded on Twitter.

The judge had given the regulator thirty days to present new elements likely to allow the legal action to continue.

James Boasberg notably criticized the initial file for lacking in evidence and not clearly defining the market affected by a so-called Facebook monopoly

According to him, the federal agency based its complaint on a vague assertion according to which Facebook controls more than 60% of the market of the social networks, without "indicating precisely what it measures".

This time around, the FTC argues that "personal social media is a unique and distinct type of online service," and a market controlled over 65% by Facebook, with its main platform and Instagram - thus a monopoly.

As these services allow users "to interact with their personal connections, it is very difficult for a new entrant to compete with a personal social network where users already have friends and family," argues the revised complaint.

Lina Khan, President of the US Competition Authority (FTC), on April 21, 2021 in Washington POOL Getty / AFP / Archives

According to this definition, the very popular TikTok application is "a content distribution and consumption service that cannot replace a personal social network", considers the agency's legal team.

Facebook considers, on the contrary, that the platform owned by a Chinese group is a major rival and proof that consumers have alternatives.

- Dissension -

The FTC also rejected a Facebook request to disqualify Lina Khan, appointed head of the institution in June by Democratic President Joe Biden.

The 32-year-old lawyer is renowned for her hostility to the monopolies of major technology platforms.

Two of the agency's five commissioners have expressed opposition to the new complaint.

According to Republican Christine Wilson, the authority should not attempt to undo acquisitions approved in the past by regulators, because doing so risks "undermining" the merger approval process established by Congress.

A timeline gives Facebook until Oct. 4 to thwart the amendment to the FTC's lawsuit record.

She can still argue until November 17 and Facebook respond again before December 1.

The action of US regulators was initiated by the FTC and prosecutors in 48 US states and territories in federal court last December.

Judge Boeasberg had also rejected the complaints of the coalition of states, explaining that they were far too late compared to the takeovers of Instagram in 2012 and WhatsApp in 2014.

Investigations and prosecutions for abuse of dominant position are also underway in the United States and elsewhere against other tech giants: Google, Apple and Amazon.

© 2021 AFP