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Chronicles

The story behind the story

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The US FTC's antitrust trial against Meta ends; Judge James Boasberg, who is presiding over the case, says he will work “expeditiously” to issue an opinion

Cecilia Kang / New York Times :

New York Times Cecilia Kang

Context & Ripple Effects

The trial is the culmination of a case that was allowed to proceed after the FTC amended its monopoly allegations, and it followed a ruling that required Meta to face the FTC’s breakup case. Meta had already argued that the agency’s evidence fell short after five weeks in court.

With the evidentiary phase closed, Judge Boasberg’s opinion becomes the immediate decision point in a long-running challenge to Meta’s acquisitions of Instagram and WhatsApp.

First-order effects

  • The FTC and Meta now await the court’s liability ruling; the trial record is closed and neither side can add to its central factual case.
  • The opinion will determine whether the FTC can advance its requested remedy against Meta, including the breakup theory at issue in the trial.

Second-order effects

  • A ruling for either side would clarify how much weight courts place on post-acquisition competition when evaluating alleged monopoly maintenance in social platforms.
  • The outcome will also shape the FTC’s credibility in pursuing the Big Tech enforcement agenda that made this case a major early test for its current leadership.

Third-order effects

  • If the FTC’s theory is sustained, completed acquisitions could face a more consequential antitrust remedy path; if it fails, enforcers may face a higher practical bar in similar retrospective cases.
  • The case illustrates a broader contest over whether fast-changing digital markets can be defined and governed through traditional monopoly litigation.

The trend: This is one data point in the push to use antitrust law not only to police future tech mergers, but also to revisit the competitive effects of acquisitions completed years earlier.

Discussion

  • @benremaly Ben Remaly on x
    Judge Boasberg challenges the FTC's economic expert on how Meta could be an illegal monopolist if the social media giant continues to gain more users. “Isn't that an easier concept to grasp than quality?”
  • @jason_kint Jason Kint on x
    I think Meta may have lost its “breakup the company” antitrust trial this morning. They get to cross starting at 1:35pm but the FTC's key expert had a strong rebuttal to all of Meta's TikTok noise from its witnesses. Google and Apple may appreciate company in the hot seat. /1