Judge in FTC's Meta Suit Orders Unredacted Findings to Stay Sealed

U.S. District Court Judge Edward Davila for Northern California granted in its entirety Meta’s administrative motion to keep an unredacted version of its proposed post-hearing findings of fact and conclusions of law under seal, said a Wednesday order (docket 5:22-cv-04325) in U.S. District Court for Northern California in San Jose. The order involves information from nonparties including Alphabet, Apple, ByteDance, Eric Janszen, Equinox, HTC, Lululemon, Peloton, Sony and Valve in the FTC's antitrust case against Meta to block its acquisition of virtual-reality company Within Unlimited (see 2302060007). In February, Davila ruled the agency failed “to establish a likelihood that it would ultimately succeed on the merits” of its antitrust claims, in a heavily redacted order that was unsealed and released. Davila rejected for lack of evidence the FTC’s potential competition arguments that Meta’s Within acquisition would lessen competition in the “relevant market” for dedicated VR fitness apps. Meta bought the VR company last month.