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FTC v. Meta: the antitrust battle’s final day

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Meta wants to get the FTC’s expert testimony thrown out.

The company plans to move to strike Hemphill’s testimony, saying he prejudged Meta’s antitrust liability even before he was retained as an expert witness by the FTC. Huff pulls up a more full version of the 2019 presentation that Hemphill and former Biden official Tim Wu gave to the agency urging an investigation into Meta’s potential monopoly power, just a week before it opened its probe. Huff suggests that the agency ultimately took Hemphill’s litigation strategy advice, though the expert disagrees that’s what he offered. Huff shows a slide suggesting the FTC interview many of the witnesses that appeared in this case, including the founders of Instagram and WhatsApp. Hemphill says “it’s hardly brain surgery to talk to all the founders.” Huff also pulls up a post Hemphill and Wu wrote after the FTC filed its case, calling Meta a monopolist.

“Maybe it’s fitting that you end the case because you helped get it started in the first place,” says Huff.

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