The CEO of Meta Platforms, Mark Zuckerberg, will be testifying in a case by the Federal Trade Commission (FTC) that argues that their proposed deal to buy VR content maker Within Unlimited should be blocked.
In a court document filed recently with the US District Court, Northern District of California, the FTC listed their 18 potential witnesses, including Zuckerberg, CEO of Within and CTO of Meta.
On Friday, Meta and Within submitted a list of witnesses that they wished to be subpoenaed.
Zuckerberg will be interrogated about his acquisition of the Within company and also questioned on Facebook’s strategy to support third-party developers.
A lawsuit filed by the FTC in July alleged that Meta’s acquisition of Within would “tend to create a monopoly” in the market for VR-dedicated fitness apps.
The regulator argues that the proposed deal will substantially lessen competition or tend to create a monopoly in that market.
Meta, in court documents, has argued that “the FTC’s conclusory, speculative, and contradictory allegations do not plausibly plead any facts to establish that any supposed market for VR Deliberate Fitness apps is ‘oligopolistic’ as to either behavior or structure.”
Facebook agreed to buy Within in October 2021. No acquisition price was announced.
The FTC filed an antitrust lawsuit against the company and CEO Mark Zuckerberg, accusing the company of embarking on a “campaign to conquer VR” by acquiring multiple companies with significant stakes in the industry. The lawsuit came after Meta’s acquisition of the Oculus VR headset manufacturer in 2014.
In a press release then, FTC Bureau of Competition Deputy Director John Newman said, “Instead of competing on the merits, Meta is trying to buy its way to the top. Meta already owns a best-selling virtual reality fitness app, and it had the capabilities to compete even more closely with Within’s popular Supernatural app. But Meta chose to buy market position instead of earning it on the merits. This is an illegal acquisition, and we will pursue all appropriate relief.”
