San Jose Court Vacates FTC v. Meta Status Hearing

The U.S. District Court for Northern California in San Jose vacated Tuesday’s virtual status conference in FTC v. Meta less than an hour before the hearing’s 10 a.m. PST start time, according to a text-only clerk’s notice in docket 5:22-cv-4325. U.S. District Judge Edward Davila, in an order unsealed Friday, denied the FTC’s injunction to block Meta’s Within Unlimited buy (see 2302060007). He rejected for lack of sufficient evidence the FTC’s core actual and perceived potential competition arguments that Meta’s Within acquisition would lessen competition in the “relevant market” for dedicated virtual-reality fitness apps. Also newly unsealed is Davila's Jan. 31 order granting the FTC's emergency motion to extend the temporary restraining order barring consummation of Meta's Within buy. The TRO was to have expired that evening. Tuesday's conference was to have discussed the status of the TRO. The TRO order enjoined Meta from consummating the Within transaction until after 11:59 p.m. PST Tuesday.