A federal judge on Tuesday sided with Meta in the Federal Trade Commission’s antitrust case, refusing to order the company to divest Instagram and WhatsApp. The FTC had filed suit five years ago, alleging that Meta (formerly Facebook) suppressed competition and maintained a monopoly by acquiring potential rivals.
The agency argued that Meta pursued a “buy or bury” strategy, paying too much for Instagram in 2012 and WhatsApp in 2014 to neutralize competitive threats. The FTC had sought a remedy requiring both apps to be spun off into independent companies to restore competitive opportunities and consumer choice.
In a memorandum opinion, U.S. District Judge James Boasberg found the FTC had not proven that Meta holds a monopoly in social media. Boasberg pointed to significant market shifts since the complaint was filed, highlighting the emergence of new competitors and the growing influence of platforms like YouTube and, especially, TikTok. He observed that the line between personal social networking and broader social media has blurred, and quoted Heraclitus to underscore how rapidly the online landscape evolves.
An FTC spokesperson, Joe Simonson, said the agency was “deeply disappointed” and questioned the judge’s impartiality. Boasberg has been criticized by Republicans for prior rulings and has drawn the ire of former President Trump, who has publicly called for his impeachment.
Meta’s chief legal officer, Jennifer Newstead, praised the decision, saying the court recognized the intense competition Meta faces and the benefits its products provide to people and businesses. During a trial that concluded in May, Meta argued it acquired Instagram and WhatsApp because they were successful products and because the deals had received regulatory approval at the time. CEO Mark Zuckerberg testified that buying Instagram was preferable to attempting to build a comparable app in-house.
Bill Kovacic, a former FTC chairman and law professor at George Washington University, described the ruling as a clear win for Meta. He noted it echoes other recent antitrust decisions in which courts declined to order breakups, and suggested that traditional antitrust litigation may struggle to address competition in fast-moving tech markets. Kovacic said the outcome could revive discussions about whether new regulatory approaches are needed to protect competition, user safety and security.
The ruling arrives amid broader political and legal developments involving Meta. Reports indicate Zuckerberg’s prior attempts to settle with the FTC were rebuffed. Earlier this year, Meta paid $25 million to settle a separate lawsuit brought by Trump over account suspensions and ended its fact-checking program—moves that some conservatives had urged and that formed part of the company’s broader outreach to that audience.
The FTC said it is reviewing all options but has not yet said whether it will appeal the decision.