Hogan Lovells secures antitrust trial win on behalf of virtual reality company Within Unlimited, helps defeat FTC challenge to Meta merger

Press releases | 06 February 2023

Washington, D.C., 6 February 2023 – Global law firm Hogan Lovells represented virtual reality (VR) appmaker Within Unlimited (Within) in its trial victory against the Federal Trade Commission (FTC), which sought to enjoin company’s merger with Meta Platforms. On 31 January, Judge Edward Davilia for the U.S. District Court for the Northern District of California issued an opinion denying the FTC’s motion for preliminary injunction, stating the FTC failed to demonstrate a likelihood that Meta’s entry into the VR fitness marketplace would disrupt the market’s competitiveness. The Northern District’s opinion can be found here.

The Hogan Lovells legal team, led by Antitrust, Competition, and Economic Regulation (ACER) practice lead Logan Breed, has counseled Within since the company’s initial challenge at the FTC. ACER partner Chuck Loughlin, who formerly served as FTC Chief Trial Counsel, led the trial on behalf of Within.

“We are pleased the Northern District ruled in favor of our client in this matter, citing established legal precedent to recognize Within’s merger with Meta would not threaten the competitive nature of the VR fitness marketplace,” said Breed. “We look forward to helping our client proceed with its intended merger with Meta.”

In addition to Breed and Loughlin, the Hogan Lovells legal team included partner Ben Holt and senior associates Chris Fitzpatrick, Eric Sega, Jamie Lee, Liam Phibbs, Jonathan Elsasser, and Daniel Mader (all Washington, D.C.).