About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2026 Network L. Rev. 1 (2026)

handle is hein.journals/ntwklwrvw2026 and id is 1 raw text is: ARTICLE Antitrust Antidote: October-December 2025 Jeremy Sandford, Nathan Wilson, and Koren W. Wong-Ervin Welcome to the Antitrust Antidote-a quarterly publication analyzing significant U.S. antitrust decisions from legal and economic perspectives. Authored by former Federal Trade Commission (FTC) enforcer Koren W. Wong-Ervin with former FTC economist co-authors Jeremy Sandford and Nathan Wilson. The title of this series, Antitrust Antidote, while mostly meant to be humorous (perhaps limited to those who have heard Koren's let's talk economics as a cure for a bad day), also refers to the practical guidance we aim to provide throughout the series.We hope you enjoy it! There were a number of decisions from October through December 2025, including: (1)FTCv. Meta,in which the courtreliedheavily on experimental field study research in concluding that Meta is not a monopolist; (2) Bakay et al. v. Apple, in which the Ninth Circuit affirmed dismissal of a putative consumer class action against Apple for lack of Article III standing as to the injunctive relief sought and for lack of antitrust standing; (3) a Sixth Circuit decision on antitrust injury and proximate cause; (4)a Seventh Circuit decision on tying and the separate products requirement; and (5) a monopsony case in which a lower court accepted essentially a single-player relevant market. FTC v. Meta Platforms, Inc. (D.D.C.) (market definition; monopoly power) On November 18, 2025, following a lengthy bench trial, Chief Judge James Boasberg held that the FTC failed to prove that Meta unlawfully monopolized the market for personal social networking through its long-ago consummated acquisitions of Instagram (in 2012) and WhatsApp (in 2014). The court emphasized the dynamic nature of the market, withapps surging and receding, chasing one craze and moving on from others, and adding new features with each passing year, criticizing the FTC for continuing to insist that Meta competes with the same old rivals it has for the last decadeand holds a monopoly among that small set.