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PREVIEWJessica Melugin (Civitas Outlook) — The Flawed Logic of the FTC's Meta Lawsuit. Melugin argues that the Federal Trade Commission's failed antitrust litigation against Meta Platforms fundamentally abandoned the traditional "consumer welfare standard" governing antitrust jurisprudence, instead prioritizing protection of corporate competitors over demonstrable consumer harm. Melugin emphasizes that because Meta provides innovative digital platforms offering zero-cost access to billions of users, the FTC could not satisfy the burden of proving consumer detriment required to successfully prosecute monopoly charges under established antitrust legal doctrine. Melugincontends that the FTC's regulatory overreach reflects ideological hostility toward successful technology companies rather than coherent consumer protection theory, establishing precedent for prosecuting businesses solely for competitive dominance absent documented consumer injury.
1923 SCOTUS
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