San Diego Union-Tribune

THE FTC DIDN’T STOP FACEBOOK-INSTAGRAM. HOW ABOUT META-WITHIN?

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Facebook parent Meta is sparring with government regulators in federal court over its pending acquisitio­n of the virtual reality fitness company Within Unlimited.

CEO Mark Zuckerberg is expected to testify as a witness at the trial in San Jose.

At issue is whether Meta’s acquisitio­n of the small company that makes a VR fitness app called Supernatur­al will hurt competitio­n in the emerging virtual reality market. If the deal is allowed to go through, the Federal Trade Commission argues, it would violate antitrust laws and dampen innovation, hurting consumers who may face higher prices and fewer options outside of Meta-controlled platforms.

Meta, the FTC argued in court this week, scrapped its own plans to enter the nascent VR fitness market in the summer of 2021 when it decided to buy Within.

Without the competitiv­e threat of the tech giant’s entry into the market, the agency asserts, innovation stalls, hurting end users.

Meta says it had no concrete plans to create a competing app beyond the initial discussion stage, where it concluded it had no ability to do so.

Mark Rabkin, a vice president at Meta who leads its VR efforts, testified that while Meta could

definitely build a VR fitness app, its chances of success would be “very low.”

“Achieving what Supernatur­al has achieved is remarkable and it would be very difficult for us to replicate that,” Rabkin said during a Zoom hearing Friday.

Meta, in fact, has a history

of trying — and often failing — to copy rival platforms or their features, sometimes when it’s not able to purchase a company or product outright.

Meta owns Instagram, which has a Stories feature, for instance, that is very similar to the Story feature on Snapchat. Meta also briefly redesigned Instagram this year to make it look more like rival TikTok, but scrapped the change after an outcry from users, including celebritie­s.

The agency and Meta also disagree on how to define the market that Within’s popular app falls into. The FTC defines it narrowly as “VR dedicated fitness apps,” while Meta’s definition includes a wider swath of competitor­s, many of which don’t need VR goggles to work — such as Peloton, for instance.

“Meta has talked about how they want to make virtual reality as ubiquitous as your cellphone,” said Lee Hepner, legal counsel at the American Economic Liberties Project, an organizati­on that advocates for government action against business consolidat­ion. “It’s the next platform for widespread communicat­ion in Meta’s eyes.”

If the FTC can preserve and boost competitio­n at this stage, Hepner said, there are “different paths that this market could take instead of Meta controllin­g the whole path, the whole forward trajectory of this market in the next several years.”

The FTC’s challenge to Meta’s acquisitio­n reflects agency chair Lina Khan’s aggressive stance on Big Tech and antitrust.

The case, expected to wrap up Tuesday, is being heard by U.S. District Judge Edward Davila, who also oversaw the trial of disgraced Theranos founder Elizabeth Holmes and her partner Ramesh “Sunny” Balwani. Both were sentenced to over a decade in prison for their roles in the company’s blood-testing hoax.

In 2020 the FTC sued Meta, then called Facebook, over its acquisitio­ns of Instagram and WhatsApp that could force a spinoff of Instagram and WhatsApp.

Unraveling those deals, which were made 10 and nine years ago, respective­ly — and previously approved by the FTC — may be more difficult than blocking the Within purchase, which Meta and Within want to close by the end of this year.

 ?? BLOOMBERG VIA GETTY IMAGES ?? Meta, the FTC argued in court this week, scrapped its own plans to enter the nascent VR fitness market in the summer of 2021 when it decided to buy Within.
BLOOMBERG VIA GETTY IMAGES Meta, the FTC argued in court this week, scrapped its own plans to enter the nascent VR fitness market in the summer of 2021 when it decided to buy Within.

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