Federal Trade Commission v. Meta Platforms Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 FEDERAL TRADE COMMISSION, Case No. 5:22-cv-04325-EJD

Plaintiff, ORDER GRANTING IN PART

MOTION TO STRIKE

v.

META PLATFORMS INC., et al., Re: Dkt. No. 89 Defendants.

Plaintiff Federal Trade Commission’s (the “FTC”) moves to strike certain affirmative defenses asserted by Defendants Meta Platforms, Inc. (“Meta”) and Within Unlimited, Inc. (“Within,” collectively with Meta, “Defendants”). Dkt. No. 89 (“Mot.”). Having considered the parties’ briefing and heard oral arguments, the Court GRANTS IN PART the FTC’s Motion. I. BACKGROUND AND PROCEDURAL HISTORY On July 27, 2022, the FTC brought this action to enjoin Defendant Meta—one of the largest technology companies in the world and provider of virtual reality (“VR”) devices and applications—from consummating its proposed acquisition (“Acquisition”) of Defendant Within, a software company that develops VR applications and most relevantly the VR fitness…