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Facebook’s request to dismiss FTC’s antitrust lawsuit has been denied

A federal judge rules that the Federal Trade Commission’s revised complaint can move forward.

A federal judge on Tuesday rejected Facebook’s request to dismiss a revised antitrust complaint filed by the US Federal Trade Commission.

The amended lawsuit, which the FTC filed in August, accuses the tech company of unlawfully maintaining its dominance in social networking by acquiring or eliminating companies it sees as competitive threats. Facebook, which in October rebranded itself to Meta, owns popular photo service Instagram and messaging app WhatsApp.

The decision marks a legal setback for Facebook, although US District Judge James Boasberg also noted that the FTC «may face a tall task down the road in proving its allegations.» The judge also narrowed the scope of the case by not allowing the agency to move forward with accusations that Facebook’s interoperability policies for developers helped the social media giant maintain its dominance. Facebook got rid of those policies in 2018, he said.

Last year, Boasberg dismissed an antitrust complaint filed by the FTC in 2020, saying the agency hadn’t provided enough evidence that Facebook has monopoly power in personal social networking. What constitutes a social network is «hardly crystal clear,» the judge said, noting that Facebook’s services are free to consumers. The FTC then revised the lawsuit and included more data and evidence to support its allegations that Facebook is a monopolist that abused its market power to harm its rivals. Facebook’s purchase of Instagram and WhatsApp lead to poorer services with decreased privacy and data protection along with fewer consumer choices, the FTC alleged.

In a 48-page opinion filed Tuesday, Boasberg said the FTC had cleared the bar for the case to move forward, saying the agency has «now alleged enough facts» to establish that Facebook possesses monopoly power it’s held onto by snapping up its rivals.

In the amended complaint, the FTC cites data from Comscore that shows the number of monthly active users Facebook and Instagram have in the US and the amount of time they spend on the app daily. The FTC also defined personal social networking, noting that the services «enable and are used by people to maintain personal relationships and share experiences with friends, family, and other personal connections in a shared social space.» Twitter, Reddit, Pinterest, YouTube, Spotify, Netflix and Hulu are different from personal social networks for various reasons, the agency said.

Facebook questioned the accuracy of the data, but the judge said it would be «improper» to dismiss the revised complaint because it doesn’t include «perfect data (which may not exist)» about the amount of time Facebook and Instagram users spend interacting with friends and family as opposed to watching content such as music videos.

The court also rejected Facebook’s argument that FTC Chairwoman Lina Khan should have recused herself from participating in the commission’s vote to refile the lawsuit. The FTC filed its original complaint in December 2020, before Khan joined the commission in June.

«Although the Court recognizes the importance of her vote, it is an exaggeration to treat Kahn as the sole instigator of the current case,» Boasberg said in the opinion.

A spokesperson for Meta, formerly known as Facebook, said «the evidence will reveal the fundamental weakness of the claims»
made by the FTC. «Our investments in Instagram and WhatsApp transformed them into what they are today. They have been good for competition, and good for the people and businesses that choose to use our products,» the spokesperson said.

Holly Vedova, director of the FTC’s Bureau of Competition said the «FTC staff presented a strong amended complaint, and we look forward to trial.»

Technologies

The Galaxy Z TriFold Is Back. You Can Buy It From Samsung Soon

The $2,899 phone paused its sales in March after selling through its inventory, but Samsung is bringing it back to its online store.

Samsung’s $2,899 Galaxy Z TriFold is going back on sale on Friday, following a halt to its sales in March after the foldable phone sold through its inventory. Samsung has announced the TriFold’s return with a countdown clock on the phone’s online store page along with a Wednesday newsletter email sent to customers.

The initial pause, which Samsung said at the time was related to the TriFold being a «super-premium device in limited quantities,» happened after just three months of availability. The TriFold first went on sale in South Korea on Dec. 12 and then arrived in Samsung’s US store on Jan. 30. The TriFold sold out in the US within minutes of going on sale — which I know personally after joining my colleagues that morning in an attempt to buy it. Thankfully Senior Reporter Abrar Al-Heeti succeeded, and then reviewed the TriFold.

It’s unclear whether the Galaxy Z TriFold is now permanently returning to Samsung’s online store or if it is again on sale until its stock sells through. Given that the phone is very expensive, and unfolds to reveal a large, 10-inch display, it wouldn’t be surprising if its stock will be in limited quantities. We’ve asked a Samsung representative to clarify and will update if we hear more.

The Galaxy Z TriFold’s return also comes ahead of the summer season when we expect a slew of other foldable phones: Samsung typically refreshes its Galaxy Z Fold and Z Flip line in July or August, and Motorola has announced its first book-style Razr Fold phone will also debut during the season. And Apple’s rumored iPhone Fold (or perhaps iPhone Ultra based on latest rumors) could also be teased later this year.

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Technologies

Help Us Crown the Most Loved Headphones and Earbuds of 2026

Got a pair you swear by? Take our People’s Picks survey to help us find a winner.

CNET just launched People’s Picks, a series of surveys where actual humans like you vote for the products and services you use. Starting in April, we want you to weigh in on your favorite headphones and earbuds. We’ll pick a winner based on which ones you love the most. 

Why we want to hear from you

Our writers and editors test hundreds of products each year, but your real-world experience with these devices is something we can’t replicate in our labs. You’ve used these headphones at the gym, on your commute to work and on long flights, and that perspective is invaluable. Your voice helps others know about the headphones or earbuds you love, too.

«I review a lot of headphones and earbuds for CNET, and there are plenty of great models from the top brands in this survey that I rate highly. I’m always curious about what models people ultimately choose and why, so I’m excited to get your feedback and learn the results of this survey,» says David Carnoy, CNET’s executive editor and headphones expert.

With our survey, we’ll collect answers from real-world users like you. The headphones and earbuds chosen through our 3-minute survey will be featured in our People’s Picks roundup of the top picks based on your recommendation.

Make your voice heard

Whether you swear by a pair of $25 earbuds or love a pair of high-end headphones, your pick counts. The survey takes just a few minutes to complete, and after we gather enough information, we’ll tally the results and publish the winners.

Not sure what to pick? Check out our Best Headphones to revisit your favorites before voting.

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Technologies

Google’s Pixel 10A Is Coming to Japan With an Exclusive Blue Edition and Special Wallpaper

This model comes with creatively designed stickers and a special look for Pixel’s 10th anniversary.

Don’t be blue: Google is releasing an Isai blue edition of the Pixel 10A to celebrate the Android phone line’s 10th anniversary, setting it apart with its own sticker set, specialized wallpaper and custom icons. But it’ll only be available in Japan.

Announced Tuesday on the Google Japan blog, the Isai blue Pixel 10A has a dark blue look and includes bonus decorations designed in collaboration with Japan’s Heralbony art company. These include an exclusive bumper case and stickers for customization.

This edition of the Pixel 10A will arrive in Japan on May 20, following the April 14 release of the Pixel 10A in its original colors of lavender, berry, fog and obsidian. The Isai blue model costs 94,900 yen, which roughly translates to $595, and includes 256GB of storage. 

This makes it slightly less expensive than the US model’s 256GB edition, but it comes with a number of fun extras at no additional cost.

Google’s creation of a country-specific model for Japan may also reflect strong sales in that market. In 2023, the IDC analytics firm (via 9to5Google) reported that the Pixel 7 series accounted for 10.7% of the country’s market share, a 527% increase from 2022.

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