The FTCs silver lining in Meta court victory to acquire VR app developer Within

Published: Feb. 28, 2023, 11:09 a.m.

On paper, Meta won its court case against the US Federal Trade Commission fair and square, allowing it to acquire Within, a software company that develops apps for virtual-reality devices. Yet the outcome could have been worse for the US antitrust enforcer: Meta failed in its attempt to convince the judge that the FTC had used \u201cdead letter\u201d law; the tech giant also fell short in its claim that the relevant market for VR fitness apps was particularly competitive. Yet the FTC\u2019s failure to provide evidence to prove the counterfactual \u2014 that Meta\u2019s \u201cOperation Twinkie\u201d would have seen the company develop its own VR fitness app \u2014 is likely to prompt some soul-searching.