On March 28, 2022, WLF urged the D.C. Circuit to affirm a federal trial court’s dismissal of antitrust claims against Facebook for denying its competitors the free use of its platform to harm Facebook’s core business. The case arises from a suit by a group of 46 States (plus Guam and the District of Columbia) against Facebook for alleged violations of Section 2 of the FTC Act. In its amicus brief urging affirmance, WLF asks the appeals court to decline the States’ effort to radically expand refusal-to-deal liability under Section 2. Among other things, judicial creation of a novel duty to deal with competitors in this fast-changing and highly competitive industry would threaten to harm competition and consumers. It would discourage growth and create a powerful incentive to free-ride on others’ success. WLF was joined on the amicus brief by the Information Technology and Innovation Foundation (ITIF). The brief was prepared with the generous pro bono assistance of Zack Tripp and Mark Pinkert at Weil, Gotshal & Manges LLP.


WLF amicus brief