• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
CommentaryFederal Trade Commission (FTC)

I lead the Consumer Technology Association and I’ve never commented on an FTC lawsuit until now. Lina Khan’s new case against Meta is laughable

By
Gary Shapiro
Gary Shapiro
Down Arrow Button Icon
By
Gary Shapiro
Gary Shapiro
Down Arrow Button Icon
August 3, 2022, 10:53 AM ET
Federal Trade Commission Chair Lina Khan has set her sights on Big Tech. In July, the FTC sued Meta to stop its acquisition of Within, a virtual reality company best known for developing the fitness app Supernatural.
Federal Trade Commission Chair Lina Khan has set her sights on Big Tech. In July, the FTC sued Meta to stop its acquisition of Within, a virtual reality company best known for developing the fitness app Supernatural.Tom Williams - CQ-Roll Call, Inc - Getty Images

The Federal Trade Commission’s (FTC) case against Meta (formerly Facebook) is a travesty. Quite simply, the idea that Meta’s acquisition of tiny game creator Within will stifle competition in the nascent VR gaming space is laughable.

That said, I hope Meta sees this lawsuit through. Not only will Meta likely win on the merits, but the case may just expose the harm FTC Chair Lina Khan is doing to the FTC and American innovation.

The lawsuit is a shot across the bow at one of America’s most successful tech companies. At its core, the suit is based on the idea that big companies should not acquire smaller ones. Naturally, that’s a perspective shared by very few of the startups who actually create the competition the FTC is supposed to protect.

Startups are born from the passion and drive of entrepreneurs to create something new. However, startup investors have a different priority: They want a return on their investment.

That return can come from intrinsic growth, an IPO, or an acquisition by another company. Remove any leg of this three-legged stool and it will topple. By filing this lawsuit, the FTC posits an Alice-in-Wonderland legal theory that a big company cannot legally enter new markets through acquisition.

A similar idea made its way around the halls of Congress and has thus far failed to gain traction. Simply by filing this lawsuit, the FTC may further chill VC funding of startups at a time when many are already struggling.

The lawsuit’s rationale seems weak. The AR/VR gaming sector is growing at a rapid clip, spurred on by rapid technology advances and a pandemic that kept us closer to home. Accenture estimates the gaming industry gained half a billion players over the past three years. The broader augmented and virtual reality market may exceed $450 billion by 2030, up over 30-fold from $15 billion in 2020. In that context, an acquisition worth $400 million is a drop in the bucket.

The idea that Meta will create a VR fitness monopoly simply by preinstalling an app on Oculus ignores the reality of the robust but still nascent AR/VR industry.

The suit also chooses to ignore existing competition between Oculus and other gamified fitness platforms. Oculus isn’t just competing with Xbox, PlayStation, Nintendo, and others for consumers’ time and attention. As people return to in-person engagements and seek out community interactions, AR and VR fitness platforms are increasingly competing with Orange Theory, yoga studios, and other more traditional gyms and fitness centers.

This FTC action feels like a vendetta, particularly amid reports that Khan overruled the recommendations of her own staff to bring the case. During her tenure, the FTC has already lost one lawsuit against Meta. In his ruling last June, U.S. District Judge James Boasberg delivered an epic slap down, dismissing the FTC complaint as “say[ing] almost nothing concrete on the key question of how much power [Meta] actually had, and still has…as if the agency expects the Court to simply nod to the conventional wisdom that [Meta] is a monopolist.” A year later, there’s some irony in the FTC filing a new lawsuit the same day Meta, the supposed monopolist, reported lower earnings.

I began my legal career in Washington as a law student working with a firm of former Democratic FTC commissioners and lawyers. For the ensuing four decades, through successive administrations, the FTC has served our nation and attracted the best and brightest career staff. In antitrust cases, the agency focused on a consumer welfare standard that preserves competition and advances the common good. But in the past 18 months, the FTC has shifted to ideological attacks on big companies rather than considering what consumers want.

Given this abrupt shift and declining morale, it’s no surprise that the FTC lost the trust of so many of its longtime staff. Perhaps it’s time Congress stepped in and stopped the new regime’s harm, not only to the FTC but also to innovation, competition, and the free market.

As the leader of a technology association, I have never commented on the FTC’s view of a specific acquisition—until now. But this lawsuit is such a break in policy, so unfair, and so damaging to new investment that I feel compelled to speak.

FTC legal action should be guided by congressional authority, common sense, and consumer welfare—not by politics and personal vendettas. A headline-grabbing lawsuit may help anti-tech crusaders to rally around the flag and counteract bad news stories circling around the FTC, but it comes at a cost.

While Khan’s FTC is taking a swing at Big Tech, it will end up hitting American startups, hurting consumers, and choking innovation. That’s not a price we should be willing to pay.

Gary Shapiro is president and CEO of the Consumer Technology Association (CTA), the U.S. trade association representing more than 1,500 consumer technology companies, and a New York Times bestselling author. He is the author of Ninja Future: Secrets to Success in the New World of Innovation. His views are his own.

The opinions expressed in Fortune.com commentary pieces are solely the views of their authors and do not reflect the opinions and beliefs of Fortune.

More must-read commentary published by Fortune:

  • Here come the Roarin’ 20s. Invest until it hurts
  • Why remote work will win this fall
  • A list of companies supporting abortion rights after the Roe v. Wade ruling shows which firms are stepping up, and why
  • Career hoarding is on the rise—but it comes at a cost
  • Venture capital is hard–and it’s supposed to be

Sign up for the Fortune Features email list so you don’t miss our biggest features, exclusive interviews, and investigations.

About the Author
By Gary Shapiro
See full bioRight Arrow Button Icon

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

hegseth
CommentaryMilitary
America shot its arsenal empty in 2 wars. Now it needs Beijing’s permission to reload
By Steve H. Hanke and Jeffrey WengApril 30, 2026
5 hours ago
Duncan Tait, CEO of Inchcape
Europecar manufacturing
“Competition is good for the industry”. Inchcape CEO’s case for optimism in automotive’s next chapter
By Duncan TaitApril 30, 2026
8 hours ago
agentic
CommentaryAI agents
Why your data infrastructure — not your AI model — will determine whether Agentic AI scales
By Jeffrey Sonnenfeld, Stephen Henriques, Catherine Dai and Zander JeinthanuttkanontApril 30, 2026
10 hours ago
hoskins
Commentaryoffices
Gensler Co-Chair: Hot-desking was supposed to save money. It may be costing you your culture
By Diane HoskinsApril 30, 2026
12 hours ago
tillis
CommentaryCongress
Thom Tillis: Free markets built American prosperity. Government intervention puts it at risk
By Thom Tillis and John StanfordApril 30, 2026
13 hours ago
iran
CommentaryIran
The Strait of Hormuz is a data problem, not just a military one
By Erik Bethel and Ami DanielApril 30, 2026
14 hours ago

Most Popular

Apple cofounder Ronald Wayne—whose stake would be worth up to $400 billion had he not sold it in 1976—says that at 91, he has no regrets
Success
Apple cofounder Ronald Wayne—whose stake would be worth up to $400 billion had he not sold it in 1976—says that at 91, he has no regrets
By Preston ForeApril 27, 2026
3 days ago
Google Cloud revenue is now 18% of Alphabet's business. Is this the beginning of the end of Google's search identity?
Big Tech
Google Cloud revenue is now 18% of Alphabet's business. Is this the beginning of the end of Google's search identity?
By Alexei OreskovicApril 29, 2026
21 hours ago
‘They left me no choice’: Powell isn’t going anywhere—blocking Trump from another Fed appointee
Banking
‘They left me no choice’: Powell isn’t going anywhere—blocking Trump from another Fed appointee
By Eva RoytburgApril 29, 2026
1 day ago
Jamie Dimon gets candid about national debt: ‘There will be a bond crisis, and then we’ll have to deal with it’
Economy
Jamie Dimon gets candid about national debt: ‘There will be a bond crisis, and then we’ll have to deal with it’
By Eleanor PringleApril 29, 2026
1 day ago
‘The cost of compute is far beyond the costs of the employees’: Nvidia executive says right now AI is more expensive than paying human workers
AI
‘The cost of compute is far beyond the costs of the employees’: Nvidia executive says right now AI is more expensive than paying human workers
By Sasha RogelbergApril 28, 2026
3 days ago
With no end in sight, Trump considers new options in Iran war—including the ‘Dark Eagle’ hypersonic missile
Big Tech
With no end in sight, Trump considers new options in Iran war—including the ‘Dark Eagle’ hypersonic missile
By Jim EdwardsApril 30, 2026
12 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.