Bloomberg Law Meta Wins in Antitrust & Texas Loses in Redistricting
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Nov 20, 2025 Harry First, an antitrust expert and law professor, dissects the FTC's loss to Meta, focusing on the judge's narrow ruling and the implications for future antitrust cases, especially involving platforms like Amazon. Richard Briffault, an elections law specialist, discusses a federal court's decision against Texas's racially-based redistricting, highlighting the findings that link race to legislative maps. Both guests provide insights on the legal ramifications and potential future rulings from the Supreme Court. This lively discussion sheds light on current challenges in antitrust and voting rights.
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Timing Standard Undermines Antitrust Cases
- Judge Boasberg required proof of monopoly as of the decision date, not just at filing time.
- Harry First calls that temporal standard novel and legally problematic for antitrust enforcement.
Judge Decides Narrow Issue, Skips Full Ruling
- Boasberg decided only the threshold market issue and declined to rule on conduct or remedy.
- First says that leaves little guidance if an appellate court disagrees, which is unusual judicial practice.
Market Definition Expanded By TikTok Threat
- Boasberg broadened the market to include TikTok and YouTube, finding platforms converged around video.
- That widened market destroyed Meta's claim of monopoly power, per Harry First.