Crandall Melvin Professor of Law Shubha Ghosh spoke with Law 360 on the recent ruling that Meta does not have a monopoly on social media.
Ghosh suggested that Judge Boasberg focused too much on the convergence of the apps and not enough on whether they are actually coming up with something new.
“There’s no discussion about how this particular set of social media is innovating,” Ghosh said. Instead of competition, he mostly just sees imitation.
Ghosh also noted that Judge Boasberg never considers what the market would have looked like had Instagram remained an independent competitor, rendering the opinion “kind of shortsighted.”