NEW YORK v. META PLATFORMS, INC.

No. 21-7078.

66 F.4th 288 (2023)

State of NEW YORK, et al., Appellants v. META PLATFORMS, INC., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 2023.


Attorney(s) appearing for the Case

Barbara D. Underwood , Solicitor General, Office of the Attorney General for the State of New York, argued the cause for appellants. With her on the briefs were Letitia James , Attorney General, Steven C. Wu , Deputy Solicitor General, Anisha S. Dasgupta , Deputy Solicitor General, Philip J. Levitz , Assistant Solicitor General of Counsel, Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, Caroline S. Van Zile , Solicitor General, Megan D. Browder , Assistant Attorney General, Rob Bonta , Attorney General, Office of the Attorney General for the State of California, Paula L. Blizzard , Supervising Deputy Attorney General, Mina Noroozkhani , Deputy Attorney General, Philip J. Weiser , Attorney General, Office of the Attorney General for the State of Colorado, Jeffrey H. Blattner , Special Assistant Attorney General, Diane R. Hazel , Attorney, Carla J. Baumel , Assistant Attorney General, Ashley Moody , Attorney General, Office of the Attorney General for the State of Florida, Nicholas D. Niemiec , Attorney, Thomas J. Miller , Attorney General, Office of the Attorney General for the State of Iowa, Max M. Miller , Assistant Attorney General, Douglas J. Peterson , Attorney General, Office of the Attorney General for the State of Nebraska, Shereece Dendy-Sanders , Assistant Attorney General, Joseph M. Conrad , Assistant Attorney General, Joshua H. Stern , Attorney General, Office of the Attorney General for the State of North Carolina, Sarah G. Boyce , Deputy Solicitor General, Dave Yost , Attorney General, Office of the Attorney General for the State of Ohio, Jennifer L. Pratt , Chief, Antitrust Section, Herbert H. Slatery, III , Attorney General and Reporter, Office of the Attorney General for the State of Tennessee, at the time the brief was filed, J. David McDowell , Deputy Attorney General, Treg R. Taylor , Attorney General, Office of the Attorney General for the State of Alaska, Mary Hunter Gramling , Assistant Attorney General, Mark Brnovich , Attorney General, Office of the Attorney General for the State of Arizona, Drew Ensign , Section Chief Counsel, Leslie Rutledge , Attorney General, Office of the Attorney General for the State of Arkansas, Johnathan R. Carter , Assistant Attorney General, William Tong , Attorney General, Office of the Attorney General for the State of Connecticut, Clare E. Kindall , Solicitor General, Kathleen Jennings , Attorney General, Office of the Attorney General for the State of Delaware, Michael A. Undorf , Deputy Attorney General, Leevin Taitano Camacho , Attorney General, Office of the Attorney General for the Territory of Guam, Holly T. Shikada , Attorney General, Office of the Attorney General for the State of Hawaii, Rodney I. Kimura , Deputy Attorney General, Lawrence G. Wasden , Attorney General, Office of the Attorney General for the State of Idaho, David B. Young , Deputy Attorney General, Kwame Raoul , Attorney General, Office of the Attorney General for the State of Illinois, Alex Hemmer , Deputy Solicitor General, Todd Rokita , Attorney General, Office of the Attorney General for the State of Indiana, Matthew Michaloski , Deputy Attorney General, Scott Barnhart , Chief Counsel and Director of Consumer Protection, Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Jeffrey A. Chanay , Chief Deputy Attorney General, Daniel Cameron , Attorney General, Office of the Attorney General for the Commonwealth of Kentucky, Jonathan Farmer , Deputy Executive Director, Jeff Landry , Attorney General, Office of the Attorney General for the State of Louisiana, Aaron M. Frey , Attorney General, Office of the Attorney General for the State of Maine, Christina M. Moylan , Assistant Attorney General, Brian E. Frosh , Attorney General, Office of the Attorney General for the State of Maryland, Adam D. Snyder , Deputy Chief, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Michael B. MacKenzie , Deputy Division Chief, Dana Nessel , Attorney General, Office of the Attorney General for the People of the State of Michigan, Scott A. Mertens , Assistant Attorney General, Keith Ellison , Attorney General, Office of the Attorney General for the State of Minnesota, Lynn Fitch , Attorney General, Office of the Attorney General for the State of Mississippi, Elisabeth Hart Pepper Martin , Special Assistant Attorney General, Eric Schmitt , Attorney General, Office of the Attorney General for the State of Missouri, Stephen M. Hoeplinger , Assistant Attorney General, Austin Knudsen , Attorney General, Office of the Attorney General for the State of Montana, Mark W. Mattioli , Chief Deputy, Aaron D. Ford , Attorney General, Office of the Attorney General for the State of Nevada, Marie W. L. Martin , Assistant Attorney General, John M. Formella , Attorney General, Office of the Attorney General for the State of New Hampshire, Andrew Bruck , Attorney General, Office of the Attorney General for the State of New Jersey, at the time the brief was filed, Isabella R. Pitt , Deputy Attorney General, Hector H. Balderas , Attorney General, Office of the Attorney General for the State of New Mexico, Brian E. McMath , Assistant Attorney General, Wayne Stenehjem , Attorney General, Office of the Attorney General for the State of North Dakota, at the time the brief was filed, Parrell D. Grossman , Assistant Attorney General, John O'Connor , Attorney General, Office of the Attorney General for the State of Oklahoma, Caleb J. Smith , Assistant Attorney General, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Cheryl F. Hiemstra , Assistant Attorney General, Josh Shapiro , Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Abigail U. Wood , Deputy Attorney General, Tracy W. Wertz , Chief Deputy Attorney General, Peter F. Neronha , Attorney General, Office of the Attorney General for the State of Rhode Island, Michael W. Field , Assistant Attorney General, Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, William J. Shieber , Assistant Attorney General, Sean D. Reyes , Attorney General, Office of the Attorney General for the State of Utah, Melissa A. Holyoak , Solicitor General, Thomas J. Donovan, Jr. , Attorney General, Office of the Attorney General for the State of Vermont, at the time the brief was filed, Benjamin D. Battles , Solicitor General, Mark R. Herring , Attorney General, Office of the Attorney General for the Commonwealth of Virginia, at the time the brief was filed, Sarah Oxenham Allen , Assistant Attorney General, Tyler T. Henry , Assistant Attorney General, Robert W. Ferguson , Attorney General, Office of the Attorney General for the State of Washington, Amy N.L. Hanson , Assistant Attorney General, Patrick Morrisey , Attorney General, Office of the Attorney General for the State of West Virginia, Tanya L. Godfrey , Assistant Attorney General, Joshua L. Kaul , Attorney General, Office of the Attorney General for the State of Wisconsin, Gwendolyn J. Cooley , Assistant Attorney General, Bridget Hill , Attorney General, Office of the Attorney General for the State of Wyoming, Amy A. Pauli , Assistant Attorney General, and Melissa Westby , Executive Management. Brian V. Church , Deputy Attorney General, Office of the Attorney General for the State of Idaho, Margaret I. Olson , Assistant Attorney General, Office of the Attorney General for the State of North Dakota, Amber C. Wessels-Yen , Assistant Attorney General, Office of the Attorney General for the State of New York, Bryan C. Yee , Deputy Attorney General, Office of the Attorney General for the State of Hawaii, Michael T. Kahler , Senior Assistant Attorney General, Office of the Attorney General for the State of Wyoming, Bryce A. Pashler , Assistant Attorney General, Office of the Attorney General for the State of Iowa, Rachel E. Smith , Deputy Solicitor General, Office of the Attorney General for the State of Vermont, Steven M. Sullivan , Assistant Attorney General, Office of the Attorney General for the State of Maryland, and Judith Vale , Assistant Deputy Solicitor General, Office of the Attorney General for the State of New York, entered appearances.

Sharon Robertson and Jessica Weiner were on the brief for amici curiae Economists in support of appellants.

David Golden was on the brief for amici curiae Former State Antitrust Enforcement Officials and Antitrust Law Professors in support of appellants.

Daniel E. Haar , Attorney, U.S. Department of Justice, argued the cause for amicus curiae the United States in support of appellants. With him on the brief were Nickolai G. Levin , Adam D. Chandler , and Cecilia Y. Cheng , Attorneys.

Randy M. Stutz was on the brief for amicus curiae the American Antitrust Institute in support of appellants.

David H. Weinstein was on the brief for amicus curiae The Committee to Support the Antitrust Laws in support of appellants.

Aaron M. Panner argued the cause for appellee. With him on the brief were Mark C. Hansen , Julius P. Taranto , and Alex A. Parkinson . Geoffrey M. Klineberg entered an appearance.

George L. Paul , Andrew Black , and Jaclyn Phillips were on the brief for amicus curiae International Center for Law and Economics and Scholars of Law and Economics in support of appellee.

Deanne E. Maynard and Adam L. Sorensen were on the brief for amicus curiae Former Federal Antitrust Enforcer in support of appellee.

Noel J. Francisco , James M. Burnham , Brinton Lucas , Stephanie A. Joyce , and Craig E. Stewart were on the brief for amici curiae The Chamber of Commerce of the United States of America, et al. in support of appellee.

Nicole A. Saharsky and Minh Nguyen-Dang were on the brief for amici curiae J. Gregory Sidak and David J. Teece in support of appellee.

Richard P. Bress and Charles S. Dameron were on the brief for amici curiae Former Federal Antitrust Enforcers in support of appellee.

Cory L. Andrews , John M. Masslon II , and Zachary D. Tripp were on the brief for amici curiae Washington Legal Foundation and Information Technology & Innovation Foundation in support of appellee.

Before: Henderson and Wilkins, Circuit Judges, and Randolph, Senior Circuit Judge.


Meta Platforms, Inc. owns and operates the social media network Facebook.1 Forty-six states, the District of Columbia, and the Territory of Guam joined in a civil complaint charging Facebook with violating the antitrust laws. The States, as we shall call the plaintiffs, alleged that Facebook...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases