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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

Celebrate Google’s Birthday With $200 Off the Google Pixel 9

Looking to upgrade your phone? This offer treats you to a $200 discount on this excellent last-gen model.

In honor of Google’s birthday, the company is offering up a number of deals, and Amazon has decided to match an excellent one for those looking to upgrade to a new phone. Normally $899, you can grab a Pixel 9 phone at Amazon for $699. That’s a nice $200 savings. The Pixel 9 isn’t the latest Pixel phone but it’s still a fantastic option. So much so that we even consider it one of the best Android phones out there. Act fast, this birthday deal isn’t going to last long.

The Google Pixel 9 is the sweet spot if you are looking for a compact phone that doesn’t compromise on camera, performance or display specs. It has a 6.3-inch display, a long-lasting battery and is, of course, 5G-ready. And this previous-gen flagship has a camera system without any differentiation from the bigger model of that series. It also comes equipped with 12GB of RAM and 256GB of storage.

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The phone is available in multiple colors but the special price isn’t offered across all of them. For that reason, we suggest making sure to check the price of your preferred color before placing your order. Don’t worry if the Pixel 9 isn’t for you, though. We’re rounding up all the best phone deals so you don’t wind up paying more than you need to.

MOBILE DEALS OF THE WEEK

Deals are selected by the CNET Group commerce team, and may be unrelated to this article.

Why this deal matters

This Pixel 9 isn’t the latest that Google has to offer, but it’s still a great option. The Pixel 9 will continue to receive Android feature and security updates for a long time to come. That means you won’t need to replace your Pixel for years, making this deal an even better value. If you’re an Android fan who likes their phones to be as straightforward as possible, Google’s Pixel phones are a great place to start your search.


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Technologies

New iPhone 17 or Air on Your Radar? Get Ready for These Prices Today

The newest iPhone lineup drops today, but tariffs aren’t to blame for the premium price; that’s just Apple’s MO.

As the newest iPhones hit the shelves today, the Apple faithful can count their blessings that they aren’t paying more for the new phones. iPhones have never been cheap, but it was pretty clear when the prices for the new iPhone 17 lineup were revealed at Apple’s fall iPhone event earlier this month that they could have gotten worse, considering the year of tariffs and other economic turmoil.

CNET senior editor James Bricknell wasn’t surprised by the iPhone prices.

«Given the tariffs and all the other stuff that’s happened in the past year, the prices are good,» he said. «They match what you would expect in terms of inflation rather than the leap I was expecting.»

Apple unveiled three models during the event: the iPhone 17, the iPhone Air and the iPhone 17 Pro. That’s right — the skinny new iPhone Air doesn’t have «17» in its name. The full lineup also includes the low-end iPhone 16E, released earlier this year.

iPhone 16E, from $599

CNET Managing Editor Patrick Holland reviewed the iPhone 16E, which is Apple’s most affordable iPhone, and noted that some compromises had to be made to get the price down. There’s no Dynamic Island cutout for one thing, and it only comes in black and white.

iPhone 17, from $799

The standard iPhone 17 has some small upgrades over past models, namely a new chip, a brighter and sharper screen, better cameras and an improved selfie camera. With the introduction of the super-thin iPhone Air, this phone is now Apple’s entry-level flagship.

iPhone Air, from $999

The new iPhone Air made headlines for its slim shape, weighing in at just 165 grams. Apple called the Air the «most power-efficient iPhone we have ever made» and says it has all-day battery life. It clocks in at just under $1,000 as its starting price.

iPhone 17 Pro, from $1,099

The priciest iPhones are the iPhone 17 Pro and Pro Max, which pack a range of camera upgrades plus a new orange color. While the iPhone 16 Pro was slightly cheaper at a $999 starting price last year, CNET Editor-at-Large Andrew Lanxon notes, «It’s now got double the storage and actually costs the same as the equivalent 256GB iPhone 16 Pro.»

If you’re rolling in cash, the iPhone 17 Pro Max with 2TB of storage will happily take more of your money. It’s priced at $1,999. 

How to order the new iPhone

Sold on the new iPhone lineup? Preorders begin on Friday, and launch day is Sept. 19.

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Technologies

Skip Your Weekend Plans and Play Hades, Now Back on Xbox Game Pass

Game Pass subscribers can also play the Call of Duty: Black Ops 7 early access open beta starting Oct. 2.

The god-like rogue-like dungeon crawler game Hades is one of the most popular games in recent memory — and one of my personal all-time favorite games. The gameplay feels smooth, it’s easily replayable and the game’s writing is full of heart and emotion. Game developer Supergiant Games is gearing up to release Hades 2 soon but if you missed playing the original — or want to replay it — you can on Xbox Game Pass now.

Xbox Game Pass Ultimate, a CNET Editors’ Choice award pick, offers hundreds of games you can play on your Xbox Series X, Xbox Series S, Xbox One, Amazon Fire TV, smart TV and PC or mobile device for $20 a month. A subscription gives you access to an extensive library of games, with new ones, like Clair Obscur: Expedition 33, added monthly, plus other benefits such as online multiplayer and deals on non-Game Pass titles.


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Here are the games Game Pass subscribers can play soon. You can also check out the games Microsoft added to the service in early September, including Hollow Knight: Silksong.


Call of Duty: Modern Warfare 3

Xbox Game Pass Standard subscribers can play starting Sept. 17.

This rebooted first-person shooter comes to Game Pass Standard subscribers more than a  year after Game Pass Ultimate subscribers could play it. You can continue the story of Call of Duty: Modern Warfare 2 as you and a team of special forces members try to track down an ultranationalist terrorist. You can also take on hordes of the undead in the zombies gameplay mode or challenge your friends in multiplayer mode. With the Carry Forward feature, you can transfer much of your content and weapons progressions from Modern Warfare 2 to this game. 


For the King 2

Xbox Game Pass Standard subscribers can play starting Sept. 17.

Get ready for this turn-based roguelite tabletop RPG — try to say that five times fast. You and up to three others will work to overthrow the tyrannical Queen Rosomon and bring an end to her oppressive reign. You’ll encounter enemies and friends in lush forests, lava-filled wastelands and Merling-filled tropical seas. 


Overthrown (Game preview)

Xbox Game Pass Standard subscribers can play starting Sept. 17.

Build and manage your kingdom as a monarch with a magical crown in this city-builder game. Be prepared to defend your home at a moment’s notice. Farm the land, build structures needed to survive and protect your citizens from mutants and bandits to keep your people happy. 

Game Pass Ultimate subscribers could play this game in January and Game Pass Standard subscribers can get in on the fun, too.


Deep Rock Galactic: Survivor

Xbox Game Pass Ultimate and PC Game Pass subscribers can play starting Sept. 17.

If you played Vampire Survivors, you should give this game a try. It’s another auto-shooter game where your character automatically shoots at enemies, and you have to avoid attacks while also mining minerals from the alien world Planet Hoxxes. And really, you play a dwarf miner in space, need I say more? 


Frostpunk 2

Xbox Game Pass Ultimate subscribers can play starting Sept. 18.

Game Pass Ultimate subscribers could play this game on PC in 2024, and now Microsoft is bringing this game to console and Xbox Cloud Gaming (beta).

This city-building survival game asks you to make the tough decisions needed to ensure your community survives in an arctic apocalypse. Set 30 years after the events of the award-winning Frostpunk, you play as the Steward, who takes control of the city after the Captain — the original game’s player character — dies. The city is struggling with overpopulation plus food and coal shortages, among other issues. It’s up to you to build shelter and provide enough food for everyone while dealing with the factions vying for power. 


Wobbly Life

Xbox Game Pass Ultimate, PC Game Pass and Game Pass Standard subscribers can play starting Sept. 18.

Get ready to explore this silly, vibrant, open-world physics sandbox game with your friends or on your own. The world is filled with minigames, missions, secrets, collectibles and tons of clothing options to find and unlock. Plus, there are almost 100 vehicles you can use as part of jobs or that you can just crash for the fun of it. It’s up to you.


Hades

Xbox Game Pass Ultimate, PC Game Pass and Game Pass Standard subscribers can play starting Sept. 19.

If I were stuck on an island and could only play five games, Hades would be one of them. It’s an engaging roguelike game with tons of ways to overcome your enemies, but the real star of the game is the touching story about relationships and forgiveness. There’s a reason it made history as the first (and so far only) game to win a Hugo Award — an accolade usually given to science fiction and fantasy literary works, but that created a special category for video games in 2021.


Endless Legend 2 (Game preview)

Xbox Game Pass Ultimate and PC Game Pass subscribers can play starting on Sept. 22.

Lead your faction to build a great empire that can crush your enemies in this fantasy strategy game. You can play as warriors descended from the stars, cursed knights or hive-minded beasts, but know that each faction has its strengths, weaknesses and unique philosophies that can influence the rest of the game. And fending off enemies is just one challenge in this game. You’ll have to adapt to the changing environment as well. Will you expand as the tides reveal new treasures, or focus on improving your defenses?


Sworn

Xbox Game Pass Ultimate and PC Game Pass subscribers can play starting Sept. 23.

Arthur and his Knights of the Roundtable have been corrupted in this roguelike game and it’s up to you to bring them down. This game supports up to four-player co-op action and players’ strengths can be combined in surprising ways to become worthy knights.


Peppa Pig: World Adventures

Xbox Game Pass Ultimate, PC Game Pass and Game Pass Standard subscribers can play starting Sept. 25.

Make a pizza in Italy, climb the Eiffel Tower and explore more places with your friends and family in this Peppa Pig game. You can meet characters, build your perfect house and go on adventures across the world with Peppa and others.


Visions of Mana

Xbox Game Pass Ultimate, PC Game Pass and Game Pass Standard subscribers can play starting Sept. 25.

Square Enix’s latest game in the Mana series follows Val and his childhood friend Hinna as they go on a journey to the legendary Mana Tree. You’ll encounter adorable yet ferocious creatures, use the powers of Elementals in battles and explore a vast semi-open world on your adventure. 


Lara Croft and the Guardian of Light

Xbox Game Pass Ultimate, PC Game Pass and Game Pass Standard subscribers can play starting Sept. 30.

Lara Croft is back in this action-adventure game as she attempts to find the Mirror of Smoke. Along the way, she encounters a Mayan tribesman named Totec who has unique weapons and skills to help Lara on her quest. This game has the classic Tomb Raider gameplay elements like exploration, platforming and puzzle solving.


Call of Duty: Black Ops 7 Early Access Open Beta

Xbox Game Pass Ultimate and PC Game Pass subscribers can play between Oct. 2 and 7.

Fight it out in new 6v6 multiplayer maps, master an arsenal of new weapons and experience the next Call of Duty game before everyone else in the open beta of Black Ops 7. Early access to the beta launches at 1 p.m. ET/10 a.m. PT Oct. 2 and will last 72 hours. Then, the open beta launches at 1 p.m. ET/10 a.m. PT  Oct. 5 before concluding Oct. 8. 


Sopa — Tale of the Stolen Potato

Xbox Game Pass Ultimate and PC Game Pass subscribers can play starting Oct. 7.

Miho goes to the pantry to grab a potato for his grandmother’s soup when he lands in a fantastical land. Now he has to find his way back home by following in the footsteps of a mysterious traveler from long ago. You’ll meet quirky characters, gather exotic ingredients and take in vibrant environments in this world of magical realism inspired by Latin America.


More games on Game Pass Core

Xbox Game Pass Core is the cheapest subscription tier ($10 a month) and gives people access to a handful of games. Microsoft occasionally adds games to this tier and on Oct. 1, the company is bringing these games to the service.

Games leaving Game Pass on Sept. 30

While Microsoft is adding those games to Xbox Game Pass, the company is also removing a few games from the service on Sept. 30. You’ll have to buy these games separately after that date.

For more on Xbox, discover other games available on Game Pass now, read our hands-on review of the gaming service and learn which Game Pass plan is right for you. You can also check out what to know about upcoming Xbox game price hikes.

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