The FTC is appealing a federal court decision that dismissed its monopolization lawsuit against Meta, arguing the judge improperly downplayed the company’s social media dominance.
McCarter partner and former DOJ antitrust attorney Robin Crauthers spoke to Law360 about the appeal and said the FTC may be particularly focused on trying to preserve an expansive view of its 13(b) authority to pursue injunctions against anticompetitive conduct. “Letting the Meta loss go unchallenged is like letting go of a roadmap for the next Big Tech case. I think the FTC is thinking long-term we need to challenge this decision because some parts of this decision could be difficult for some of our other issues,” Robin said, pointing to the ongoing case against Amazon.com Inc. and the prospect for other technology cases.