In Navarra’s view, “Given the current dynamics, a pre-trial settlement is conceivable, but complex, and doesn’t seem likely.” 

It’s a view shared by Digital Content Next’s Jason Kint, who earlier this month testified in a Congressional subcommittee hearing on antitrust fixes in the tech sector. The FTC’s commissioners, he said, “are supportive of enforcement of the antitrust laws.”

The case could set a precedent for the Trump-era FTC

The impending trial may serve as a pulse check on the FTC’s approach under the leadership of Andrew Ferguson, the new Trump-appointed chairman following the resignation of Biden-appointed Lina Khan and the expulsions of two Democratic FTC commissioners (who are now suing Trump over their dismissals). 

While the FTC, like many government agencies, has historically operated independently, Trump has taken a more aggressive approach to asserting his agenda across these organizations. 

And the Trump-era FTC has already signaled at least some willingness to bend to Trump’s whims. In this case, Ferguson has suggested he’ll do so if needed; last Wednesday, he said at an event in Washington, D.C. that he will “obey lawful orders” from the president if told to drop the FTC’s case against Meta. 

“This isn’t just about Meta,” said Navarra. “It’s about defining the boundaries of executive influence over these bodies. Beyond the potential dismantling of Meta’s empire, this case [may] set precedent for how antitrust laws are going to be applied to tech giants in the current political climate….”