A federal court on Monday dismissed the Federal Trade Commission’s antitrust complaint against Facebook, dealing a major setback for the agency’s complaint that could have resulted in Facebook divesting Instagram and WhatsApp.

“Although the Court does not agree with all of Facebook’s contentions here, it ultimately concurs that the agency’s Complaint is legally insufficient and must therefore be dismissed,” reads the filing from U.S. District Court for the District of Columbia. “The FTC has failed to plead enough facts to plausibly establish a necessary element of all of its Section 2 claims — namely, that Facebook has monopoly power in the market for Personal Social Networking (PSN) Services.”

The court dismissed the complaint, not the case, meaning the FTC could file its complaint once again.

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