The judge also said FTC Chair Lina Khan’s participation in the vote to file the amended complaint was valid, despite Facebook’s argument for her recusal.
Shares of Facebook owner Meta barely moved on the news and were still positive for the day as of Tuesday afternoon.
While Boasberg maintained the FTC could still face challenges in proving its allegations, he wrote Tuesday that"it has now cleared the pleading bar and may proceed to discovery." The judge also discarded Facebook's contention that the FTC's vote to file the amended complaint should be considered invalid because the company believed FTC Chair Lina Khan should have recused herself. Facebook argued Khan's past writings and work had shown she had prejudged its liability, which should be grounds for recusal, but Khan participated in the vote anyway.
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