The FTC’s silver lining in Meta court victory to acquire VR app developer Within

MLex Market Insight

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 “dead letter” law; the tech giant also fell short in its claim that the relevant market for VR fitness apps was particularly competitive. Yet the FTC’s failure to provide evidence to prove the counterfactual — that Meta’s “Operation Twinkie” would have seen the company develop its own VR fitness app — is likely to prompt some soul-searching.