Does the DC Circuit revive the FTC's Meta monopoly case?
Will the U.S. Court of Appeals for the D.C. Circuit reverse or vacate Judge Boasberg's November 2025 ruling that the FTC failed to prove Meta Platforms illegally monopolized personal social networking through its Instagram and WhatsApp acquisitions, rather than affirming the district court's judgment for Meta?
Leaning toward affirmance — Boasberg's findings came out of a full bench trial, and appellate courts generally defer to a trial court's factual findings absent clear error, making a full reversal a genuine uphill climb for the FTC
The case for reviving the claims (yes): the FTC's own reply brief argues the district court applied the wrong legal standard by requiring proof of ongoing monopoly power rather than monopoly power at the time of the challenged conduct, a purely legal question the D.C. Circuit reviews without the usual deference given to factual findings, and the Trump administration's FTC has continued pressing the appeal rather than settling or dropping it. The case for affirmance (no): Boasberg's ruling followed a full bench trial with detailed factual findings on market definition and competitive dynamics, the Washington Legal Foundation and other amici argue the district court's legal analysis was sound, and federal appellate courts have historically been reluctant to overturn well-reasoned bench-trial antitrust rulings on the merits.
No fixed date · FTC filed its notice of appeal Jan 20, 2026 (D.C. Cir. No. 26-5028); briefing is well advanced with the FTC's reply brief filed Sept 29, 2026, but no oral-argument date has been set
Today's (Oct 27) check confirmed the same briefing timeline already on file via the D.C. Circuit's own clerk's-office schedule: the FTC's opening brief (May 22, 2026), Meta's appellee brief (Aug 20, 2026) and the FTC's reply (Sept 29, 2026) are all in, with the deferred appendix due Oct 6, 2026 — briefing is now complete, but no oral-argument date has yet been set. Judge James Boasberg ruled for Meta in November 2025 after a bench trial, finding the FTC had not proven Meta currently holds monopoly power in personal social networking, citing competition from TikTok and other newer platforms, and denying the FTC's request to force a divestiture of Instagram and WhatsApp. A coalition of more than two dozen states led by Texas filed an amicus brief supporting the FTC on May 29, 2026, alongside the Washington Legal Foundation's Aug 27 brief supporting Meta.
The appellate panel either reverses or vacates the district court's judgment for Meta (reviving the case, including the possibility of a future divestiture remedy) or affirms it — a discrete appellate holding with no partial outcome.
Researched Oct 27, 2026 · tracked since Oct 26, 2026 · 2 readings
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DC Circuit revives the FTC's casethis is “yes”
The FTC's reply brief argues the district court applied the wrong legal standard — a purely legal question reviewed without the deference given to factual findings — and the agency has continued pressing the appeal rather than settling, keeping the structural-remedy threat against Meta alive.
Worth knowing: A reversal only sends the case back for further proceedings or a new trial — it does not itself order any divestiture, so the near-term practical impact on Meta's business would likely be limited even if the FTC wins this round.
DC Circuit affirms the ruling for Meta
Boasberg's ruling followed a full bench trial with detailed factual findings that appellate courts are generally reluctant to disturb absent clear error, and amici including the Washington Legal Foundation argue the district court's legal analysis was sound.
Worth knowing: An affirmance ends this specific case but doesn't foreclose future antitrust scrutiny of Meta from other angles, including ongoing state-level or international investigations.
6 sources, leaning both ways
- noWFAE (NBC News) — Judge sides with Meta in antitrust trial, will not spin off WhatsApp and InstagramChecked Oct 26: confirms Judge Boasberg's November 2025 ruling for Meta, finding the FTC failed to prove current monopoly power and denying the divestiture request — the ruling under appeal.
- mixedShacknews (citing reporting) — FTC appeals Facebook (META) antitrust rulingChecked Oct 26: confirms the FTC's Jan 20, 2026 notice of appeal to the D.C. Circuit, beginning the process that could eventually reach the Supreme Court.
- noWashington Legal Foundation — Case page: FTC v. MetaChecked Oct 26: WLF's Aug 27, 2026 amicus brief supporting Meta, asking the D.C. Circuit to uphold the district court's rejection of the FTC's monopolization claim.
- yesCourtListener — D.C. Circuit docket No. 26-5028, briefing orderChecked Oct 27: the clerk's April 2026 scheduling order and docket confirm a May 29, 2026 amicus brief from a 25-plus-state coalition led by Texas supporting the FTC, alongside the briefing deadlines already on file — a reminder the pro-revival side has real institutional backing too.
- yesMLex — US FTC files reply in support of restarting monopoly case against MetaChecked Oct 26: reports the FTC's Sept 29, 2026 reply brief arguing Section 13(b) of the FTC Act doesn't require proof of an ongoing violation at the time of a final decision — the core legal argument for reversal.
- mixedWebProNews — FTC appeals dismissal of antitrust lawsuit against Meta over acquisitionsChecked Oct 26: background on the FTC's decision to appeal rather than drop the case, framing the odds of success as genuinely contested given the deference bench-trial findings usually receive.