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Tech Policy Podcast

424: Meta Beats the Antitrust Regulators

Tech Policy Podcast

TechFreedom

Technology

4.845 Ratings

🗓️ 20 November 2025

⏱️ 58 minutes

🧾️ Download transcript

Summary

Geoff Manne (ICLE) returns! He and Corbin break down a judge’s ruling (politely) laughing the FTC’s antitrust lawsuit against Meta out of court. Topics include: - The bizarro world of antitrust trash tweeting - “‘Antitrust’ means what I want it to mean!” - Back in reality: a straightforward ruling - Maybe Zuck just . . . knows what he’s doing? - Users want what they want ¯\_(ツ)_/¯ - Does your market definition pass the laugh test? Links: Tech Policy Podcast 384: The Facebook Antitrust Case (https://tinyurl.com/58xdw5xz) Tech Policy Podcast 393: Herbert Hovenkamp on the State of Antitrust Law (https://tinyurl.com/ye7yn88k)

Transcript

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0:00.0

I'm

0:02.0

I'm going to be tech policy podcast. I'm Corbyn Barthold.

0:31.4

Today we have an episode about pretty much the most predictable thing that you can get in litigation.

0:41.1

Never say never in litigation. Things can always go in ways you don't expect. But

0:45.2

the last time we discussed the Facebook antitrust case on this show, I said that it was the longest, the weakest, the most wasteful, the most

0:58.6

misguided of all the big tech antitrust cases. You might say, well, Corbyn was throwing a hostage

1:05.9

to fortune there, right? Fortunately for me and my dignity, everything I said there has come to pass.

1:14.6

On Tuesday, Judge James Boasburg, the good judge in the District of the District of Columbia,

1:23.0

issued an 89-page ruling, demolishing the Federal Trade Commission's Section 2 Sherman Act

1:32.7

antitrust case against Facebook, the case that has been going since 2020 through the Trump

1:39.3

1 administration, through the entirety of the Biden administration, and now into the Trump II administration,

1:46.7

it turns out that bipartisan demagoguery is no substitute for actual antitrust analysis of the facts

1:55.0

and of the evidence.

1:57.3

We're going to talk about that decision today.

2:00.4

Joining me for this episode, as he did for the last one,

2:05.0

the great Jeff Manny, founder and president of the International Center for Law and Economics.

2:13.2

He actually, when I invited him to do this episode, went ahead and went over to ChatGPT,

2:19.3

and he fed the transcript from our last discussion in, and he fed the opinion in,

2:25.8

and he asked ChatchipT to compare the two. This was a very self-esteem, inflating act that he undertook for the two of us. They line up so well

2:39.8

that it makes you wonder why we need a separate discussion. But we do, and we will. Here we are.

2:47.0

Jeff, hello. Call it a victory lap. It is something of a victory lap. There are certainly new things to

2:54.4

discuss last time we had to focus on Facebook's purchase of WhatsApp and Instagram. Judge

...

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