Commissioner Wilson Seeks FTC Decision on Khan Recusal in Meta/Within

The FTC should stop delaying and decide on Meta’s motion for the recusal of Chair Lina Khan in Meta's proposed Within Unlimited buy being heard in U.S. District Court for Northern California in San Jose (docket 5:22-cv-04325), said Commissioner Christine Wilson in a statement Thursday. She noted Oct. 21 was the original deadline for the commission to issue a decision on the motion to stay administrative proceedings in its antitrust case against Meta’s Within Unlimited buy. The commission can’t decide whether to stay proceedings until it rules on Meta’s motion for disqualification, which was filed July 25, she said. The commission extended its own deadline to decide on the motion to stay proceedings in October, again in November and a third time Thursday, extending the deadline to Jan. 19. “The Motion to Stay was filed almost four months ago, and the Commission is now less than a month away from the beginning of the administrative trial,” Wilson said. “The inability to manage our Part 3 process judiciously will provide further fodder for those who question its integrity" (see 2211150083). The motion for recusal seeks Khan’s disqualification from “participating in any decisions concerning the FTC’s review of the Meta/Within transaction on due process and federal ethics grounds,” she noted. “Unfortunately, details about the Commission’s efforts to address the Motion for Disqualification remain non-public, and I cannot disclose them here. Suffice it to say that, in many circumstances, not deciding is deciding. I believe that in refusing to reach a timely decision, the Commission is relying on delay tactics rather than legal reasoning and good government.” She asked for a decision on the disqualification “without further delay,” saying she has “formulated” her opinion and is “ready to move forward with this matter.” The FTC didn’t comment.