Revisiting Antitrust Institutions: The Case for Guidelines to Recalibrate the FTC’s Section 5 Unfair Methods of Competition Authority

FTC Says It Has Dropped Zuckerberg As Defendant In Antitrust Suit

The Federal Trade Commission has said it will remove Mark Zuckerberg, the chief executive of Meta, from a lawsuit to block the company’s acquisition of Within Unlimited, an artificial intelligence start-up.

The agency said in a court filing on Tuesday that it agreed to drop Mr. Zuckerberg as a defendant after Meta, formerly known as Facebook, promised he would not try to personally purchase Within Unlimited. Meta had asked the agency to remove Mr. Zuckerberg as a defendant.

In June, the F.T.C. filed its complaint with U.S. District Court for the Northern District of California to prevent Meta and Mr. Zuckerberg from acquiring Within, which makes the popular virtual-reality fitness app Supernatural. The F.T.C. included Mr. Zuckerberg as a defendant in the suit and accused him and Meta of planning to buy Within to dominate the nascent virtual-reality market and violate antitrust laws.

Related Content: FTC’s case against Meta’s acquisition of Within seeks to shape the emerging VR market

The lawsuit — which is part of a new strategy by Lina Khan, the F.T.C. chair, to be more forward-looking in antitrust enforcement — is considered a long shot by many legal experts because it involves an acquisition in a nascent market with many start-ups. In the past, most antitrust court cases involved more mature markets and focused on how a merger can lead to higher prices for consumers.

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