Margin of Error – A Note on Platform Competition

The federal district court in San Jose rejected the FTC’s challenge to Meta’s acquisition of VR app developer Within, finding that the FTC had not met its burden of showing that Meta was a potential competitor of the target. The court’s resolution of the FTC’s challenge left several interesting legal issues largely unaddressed, including a key dispute about market definition – namely, whether it was proper to disregard competition from non-VR fitness products in evaluating the competit