Judge Orders Statement From FTC, Meta on Unsealing His Injunction Ruling

U.S. District Court Judge Edward Davila for Northern California ordered the FTC and Meta to submit a joint statement within 14 days, setting forth their positions and supporting bases as to whether the court’s Jan. 31 order (see 2302010003) denying the commission’s motion for preliminary injunction against Meta’s purchase of virtual reality company Within Unlimited buy should remain under seal. Davila’s order on intent to unseal (docket 5:22-cv-04325) was filed Monday in U.S. District Court for Northern California in San Jose. The court initially posted the order under seal and subsequently posted a public version with redactions in March (see 2303160046). On Monday, Davila directed the parties to consult with third parties whose confidential information is implicated by the sealed and redacted portions of the January order. Nonparties involved in the order include Alphabet, Apple, ByteDance, Eric Janszen, Equinox, HTC, Lululemon, Peloton, Sony and Valve. 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 in February for a reported $400 million.