Meta Killed Plans for Homegrown VR Fitness App, FTC Says
The U.S. Federal Trade Commission said Meta Platforms Inc. stifled competition when it halted plans to build its own virtual reality fitness app and opted to buy Within Unlimited Inc. instead. But the company denied that it ever planned to move forward with a product.
November 23, 2022 at 12:00 PM
5 minute read
AntitrustThe U.S. Federal Trade Commission said Meta Platforms Inc. stifled competition when it halted plans to build its own virtual reality fitness app and opted to buy Within Unlimited Inc. instead. But the company denied that it ever planned to move forward with a product.
"Meta itself had the intentions to enter—and thus was a reasonably probable entrant into—the VR Dedicated Fitness App market," the agency said in a court filing Nov. 21 in its suit to block Meta's acquisition of Within.
The FTC is trying to persuade a federal judge to halt the deal as the agency believes it will decrease competition in the young, virtual reality fitness market and runs afoul of antitrust laws. In the filing, the agency laid out the facts key to its argument: The acquisition will keep the tech giant from entering the space through homegrown tech, therefore denying consumers the benefit of adding another competitor to the market.
The FTC said that before the deal, Within's team expected that Meta would try to enter the dedicated fitness app market. The tech giant had already hired Within's head of product, so the startup developed competitive strategies for its app—called Supernatural—"with the specter of Meta's potential entry in mind," the FTC said.
In its own filing submitted late Monday, Meta said that the top two executives who would have needed to approve the creation of a new fitness app—Chief Executive Officer Mark Zuckerberg and virtual reality head Andrew Bosworth—gave sworn testimony that they never authorized the work or devoted funding to it.
"These ideas never proceeded beyond the discussion stage, never received approval from any senior manager, and were all discarded as impractical for various reasons," the company said in its filing.
Meta already owned a VR rhythm game in which users hit targets in time to music, Beat Saber, and its founders were excited about expanding their product into a dedicated fitness app, the FTC said. In early 2021, the Beat Saber team began planning and presenting the move internally.
"Meta already has engineers with the skill set to both expand Beat Saber into fitness and to build a VR dedicated fitness app from scratch," the FTC filing said.
As of March 2021, internal presentations were focused on transitioning Beat Saber to a dedicated fitness app, the FTC said. By June, those efforts were put on hold when Meta decided to pursue a Within acquisition instead.
On that point, Meta counters that the FTC's version of events isn't reflected in other documents from May 2021 where employees concluded the company didn't have the ability to build its own fitness app.
Meta "conclusively decided against modifying Beat Saber into a fitness app," the company said in its filing. Those same reasons "foreclose any possibility that Meta would build its own VR fitness app if the court blocks the transaction."
Meta revealed the Within acquisition in October, one day after announcing it would change its name from "Facebook"—a move that canonized a shift in the company's focus from solely social media to building and commercializing a virtual world. The digital universe, or metaverse, being built by Meta is its biggest new bet and what Zuckerberg is pitching as the future of how people connect online.
The FTC sued to block the deal in July, a move in line with FTC Chair Lina Khan's aggressive approach to antitrust enforcement. The FTC claims that Meta would eliminate future competition in a new market, often referred to as "nascent competition." The agency rarely sues using that legal theory given the difficulty in proving a deal would tamp down the potential of a young industry. The last time the FTC brought such a case, in 2015 involving sterilization technology, the agency lost.
From 2020 through September 2022, Meta has spent $31 billion on the division working on the metaverse, Reality Labs. That includes the acquisitions of nine virtual reality app studios over the past three years. Meta already makes the most widely used virtual reality headset, Oculus, and its VR app catalogue, called the Quest Store.
The FTC says the virtual reality fitness market already has a high barrier to entry, which is made more difficult because Meta controls the app store on the most popular headset.
"Buying Within was not the only way Meta could have developed the production capabilities and expertise needed to create a premium VR fitness experience," the agency said.
The case is set to have a two-week hearing in December before U.S. District Judge Edward Davila of the Northern District of California.
"As we approach next month's hearing, we are confident the evidence will show that our acquisition of Within will be good for people, developers and the VR space, which is experiencing vibrant competition," a Meta spokesman said. "As we have said from the beginning, the FTC's case is based on ideology and speculation, not evidence. We are ready to make our case before the court."
Davila is expected to decide by the end of the year whether to block the deal while the FTC's in-house court considers the agency's allegations that the merger is anti-competitive.
After the FTC withdrew some of its claims against the company, Meta asked the judge to reject the agency's attempt to block the acquisition, saying it hadn't laid out the elements needed to show the deal would hurt competition in the nascent virtual reality industry. It's up to the judge whether to rule first on Meta's motion for dismissal of the case or the agency's request for an injunction blocking the takeover.
The FTC filed a separate complaint against the merger in its in-house court, and an administrative judge has scheduled a trial for January.
The case is FTC v. Meta Platforms.
Alex Barinka and Leah Nylen report for Bloomberg News.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDOJ, 8 State AGs Sue RealPage for Alleged Sherman Act Violations in Algorithmic Pricing Scheme
With Hours Tenuous, New Metric Looks to Baseball to Assess Lawyer Productivity
4 minute readTrending Stories
- 1Eagle Pharma Founder Sues Company to Recoup Cost of SEC Investigation
- 2GC Conference Takeaways: Picking AI Vendors 'a Bit of a Crap Shoot,' Beware of Internal Investigation 'Scope Creep'
- 3Legal Events for Georgia Lawyers
- 4'There is No Time to Waste': Matt Gaetz Withdraws From AG Nomination
- 5The Growing PFAS Morass: Why Insurance Should Cover These Products Liability Claims
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250