The FTC Discredited Its Case Against Meta In Its Opening Statement

April 16, 2025

“They decided that competition was too hard and it would be easier to buy out their rivals than to compete with them.” Those were the words of FTC lawyer Daniel Matheson in the opening statement of the FTC’s antitrust case against Meta. Matheson unwittingly exposed his own argument as meritless.

To understand why, it’s important to remember that when Facebook purchased Instagram in April of 2012, it could claim just 30 million users at a time when Facebook’s users were already in the billion category. Which is a comment that FTC and Matheson are rewriting history in an attempt to make their case.

If readers are confused, consider yet again that Instagram could claim all of 30 million users when its acquisition was announced. So, while it should be said that antitrust is always and everywhere an unfortunate look backwards by government lawyers constrained by the known, it’s no wonder that the Barack Obama DOJ and FTC didn’t raise an objection to Facebook’s acquisition of Instagram. The simple truth is that Instagram was largely unknown in 2012, and as an unknown, not at all a Facebook rival or peer.

Evidence supporting the above claim can be found in the price Facebook paid for Instagram: $1 billion in cash and stock. Sorry, but such a purchase wasn’t evidence of a social media giant in Facebook buying its way out of competitive pressures, rather it was Mark Zuckerberg speculating on a future of social media that brought new meaning to opaque. In other words, if Instagram had even somewhat appeared as a future threat to Facebook or Facebook’s competition, there would have been a ferocious bidding war for Instagram that would have pushed its purchase price far, far above $1 billion.

From there, consider Meta’s U.S. sales in 2025. Instagram presently accounts for 50 percent. Looking back to 2012, if Instagram had at all been seen as such a substantial future source of Facebook or Meta revenues, then the 2012 buyout price for it would once again have been far, far above $1 billion. Yet Matheson is basing his case on Facebook spending what was even then a somewhat piddling sum to ward off its oncoming status as a has-been victim of Schumpeterian “creative destruction”? Such a view isn’t serious.

What is serious and dangerous at the same time is that Meta and Zuckerberg are being forced to spend precious time in court for having seen the future of social media much more clearly than their rivals. In other words, rather than rest on his wildly successful Facebook laurels, the future-seeing Zuckerberg worked feverishly to discover ways to continue to meet, and much more important, lead the needs of a social media user base that had alternate options then, and still does now. It all raises a question: since when is vastly improving the user experience with free services the stuff of antitrust violations? Tick tock, tick tock.

All of which brings us back to how Matheson framed his opening statement, and most notably the case-neutering line about Facebook buying out its rivals rather than competing with them. Which means Matheson is basing his gossamer thin argument on the easy-to-discredit notion that 2012 resembled 2025 in a commercial sense. Except that it didn’t, and Meta still has its $1 billion receipt from its Instagram purchase to prove that it didn’t.

 

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