Meta loses bid, for now, to depose FTC over agency's challenge to Within deal - Reuters

(Reuters) - A California national justice connected Tuesday spurned a bid by Facebook genitor Meta Platforms Inc to depose U.S. Federal Trade Commission officials implicit the agency's suit seeking to artifact the societal media institution from buying virtual world contented shaper Within Unlimited Inc.

In a court ruling, U.S. Magistrate Judge Susan van Keulen said the FTC already had provided capable accusation to Meta arsenic it builds its defence against the national agency’s antitrust lawsuit.

The FTC sued Meta successful July, claiming its acquisition of Within would trim contention successful the marketplace for virtual world fittingness apps. Meta has denied the claims and called the lawsuit "ill-conceived."

Meta's lawyers had asked van Keulen to fto them question the FTC connected a scope of topics astir the case, including however the bureau derived the applicable market. They said the bureau had "taken the utmost presumption of refusing to nutrient immoderate representative" for a deposition.

The justice recovered overmuch of what Meta wanted to inquire the bureau astir successful depositions was shielded by a extortion for lawyer "work product."

A Meta spokesperson connected Wednesday did not instantly comment, and a typical from the FTC declined to comment.

Lawyers for Meta astatine Weil, Gotshal & Manges and Kellogg, Hansen, Todd, Figel & Frederick did not instantly respond to a connection seeking comment.

Van Keulen's bid near unfastened the anticipation that FTC officials would beryllium required to beryllium for questioning aboriginal connected successful the litigation, aft a ruling connected Meta's petition that the suit beryllium dismissed. She said the FTC "is not entitled to a broad protective order" that would shield the bureau from depositions focused connected allegations successful a lawsuit.

Van Keulen deferred ruling connected whether to let Meta to depose the FTC astir immoderate connection with authorities attorneys wide and astir whether FTC Chair Lina Khan should beryllium recused from participating successful the merger challenge.

Meta's lawyers agelong person argued Khan should beryllium recused from matters involving the institution based connected statements she made captious of "big tech" marketplace powers earlier her Biden medication assignment to pb the FTC.

FTC lawyers said successful a caller court filing that Meta's deposition request of the bureau was the "practical equivalent of an introspection of opposing counsel."

Meta's effort seeking dismissal of the FTC's suit is pending earlier U.S. District Judge Edward Davila successful San Jose national court.

The lawsuit is Federal Trade Commission v. Meta Platforms Inc, U.S. District Court for the Northern District of California, No. 5:22-cv-04325.

For Federal Trade Commission: Abby Dennis of the FTC

For Meta: Eric Hochstadt of Weil, Gotshal & Manges; Mark Hansen of Kellogg, Hansen, Todd, Figel & Frederick

Read more:

Zuckerberg to attest successful U.S. lawsuit against Facebook's virtual world deal

Facebook genitor seeks dismissal of U.S. situation to Within Unlimited deal

FTC files slimmed-down ailment successful combat with Meta implicit Within acquisition

Boies Schiller antitrust seasoned jumps to FTC arsenic elder proceedings counsel

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