FTC appeals Meta antitrust win, keeping Instagram and WhatsApp breakup fight alive
The US Federal Trade Commission has renewed its legal push against Meta Platforms, filing a notice of appeal that challenges a federal court ruling from November 2025 that sided with the social media giant. The appeal keeps alive the government’s long-running effort to unwind Meta’s blockbuster purchases of Instagram and WhatsApp, deals that transformed Facebook’s parent company into one of the most powerful forces in social media.
In a statement released Tuesday, the FTC said it is asking the US Court of Appeals for the District of Columbia Circuit to review the earlier decision. Regulators continue to argue that Meta maintained monopoly power in “personal social networking services” for years by neutralizing threats through acquisitions, specifically Instagram and WhatsApp.
Why the FTC is appealing
The case centers on Meta’s purchase of Instagram in 2012 for about $1 billion and WhatsApp in 2014 for roughly $19 billion. While regulators did not block the mergers at the time, the FTC later sued in 2020, seeking a court order that could force Meta to divest the two apps.
FTC Bureau of Competition Director Daniel Guarnera said the agency views the appeal as a fight to protect fair competition, arguing that Meta’s staying power did not come from outperforming rivals, but from buying them before they could grow into serious challengers.
FTC spokesperson Joe Simonson also echoed that position, saying the agency believes Meta broke antitrust laws through these acquisitions and that consumers were harmed by the company’s market power.
The ruling Meta won in November
Meta’s latest victory came in November 2025, when US District Judge James Boasberg ruled that the FTC failed to prove Meta currently holds illegal monopoly power in the market the government described. The judge pointed to how the social media landscape has shifted, with services like TikTok and YouTube drawing massive audiences and advertising dollars, making it harder for the government to argue Meta dominates in the way it once did.
That decision effectively halted the FTC’s attempt, at least for now, to force a breakup of Instagram and WhatsApp. The appeal is the FTC’s effort to bring the case back to life.
What’s at stake for Meta
If the FTC succeeds on appeal, the case could be revived and sent back for further proceedings, reopening the possibility of major structural remedies. That could include a forced sale or restructuring involving Instagram and WhatsApp, which would be one of the most aggressive antitrust outcomes against a US tech company in decades.
The original lawsuit argued that Meta pursued Instagram and WhatsApp because leadership saw them as emerging threats, and that removing those threats reduced pressure to compete on product quality, privacy, and the ad experience.
The political backdrop
The lawsuit was originally filed during President Donald Trump’s first term and has continued into his second term. Over the past year, Meta has also taken visible steps that signaled an effort to improve relations with Trump and his allies.
Meta confirmed it donated $1 million to Trump’s inaugural fund in late 2024.
Separately, Meta agreed to pay about $25 million to settle Trump’s lawsuit over the suspension of his social media accounts following the January 6, 2021 Capitol attack.
Despite that broader context, the FTC’s new appeal signals the agency is not backing away from its central claim that Meta’s most important deals helped lock in market power and limit competition.
Meta’s response
Meta has continued to defend the November ruling, saying the court reached the right conclusion and that the company competes in a crowded market shaped by fast-changing user behavior and rivals like TikTok and YouTube.
For now, the appeal ensures the fight is far from over, and it keeps the future ownership of Instagram and WhatsApp on the table as a live legal question.
