One important thing to call out here is that even the above two points don't actually matter in the final dismissal. Ultimately, it boils down to something simple: time.

The FTC had nearly a decade to bring something up and it didn't. This ultimately is problematic because Facebook would look at this and clearly see the FTC had no problems with its actions. So to look at Facebook's conduct in the time that has passed is ultimately unfair to Facebook. Since its actions since would have been seen as being compliant.