Facebook said that the Federal Trade Commission's recent loss at the Supreme Court confirmed a federal judge should dismiss the agency's antitrust case against the social networking giant.
In a recent filing, Facebook noted that the Supreme Court unanimously ruled earlier in April that the FTC does not have power under a provision known as 13(b) to go to court to try to force defendants to pay back money.
In its complaint against Facebook, the FTC had used 13(b) to seek an injunction, but not necessarily money. Facebook had challenged that use in its earlier motion to dismiss as well, saying the law does not let the FTC seek to stop old conduct in court.
Now the high court's decision "confirms that the FTC lacks authority to maintain its suit against Facebook in federal district court," Facebook added in its new filing, noting the agency could potentially go to its famously bureaucratic internal court.