Less than two weeks before the beginning of a historic antitrust trial against digital behemoth Meta, the deepening ties between President Donald Trump and Meta CEO Mark Zuckerberg are fueling Washington concerns that the White House would terminate the whole case.
The trial, set on April 14, results from over six years of legal struggle and inquiry. Started by the Federal Trade Commission in Trump’s first term and pushed forward by former President Joe Biden’s antitrust enforcers, it might finally compel Meta to divest Instagram and WhatsApp, a colossally costly and complicated operation that would practically destroy the $1.3 trillion corporation.
Regardless of who is in the White House, the FTC seldom drops a continuing antitrust action. A string of events during the last week, however, has the Washington antitrust community buzzing about the outcome of the case—concerned that the tech industry’s growing proximity to Trump, and particularly Meta’s fast-fire concessions to Republicans over the last few months, could yield benefits by removing Washington’s threat to break up the social media behemoth.
Zuckerberg on Wednesday suddenly met with Trump in the Oval Office, allegedly to seek a resolution to the antitrust action.
On an event the same day, FTC Chair Andrew Ferguson, now in charge of the investigation, said journalists the agency was “raring to go” against Meta. Asked straight whether he would dismiss the lawsuit at Trump’s command, he said he would “obey lawful orders” and otherwise declined to consider the theoretical.
By removing the agency’s two Democratic commissioners in mid-March, Trump granted Ferguson one-sided authority over FTC decisions—an unusual action that opens the path for Ferguson and his only GOP colleague to make political choices without Democratic opposition.
FTC representatives ignored requests for comment on whether Trump would tell Ferguson to abandon the Meta case or if Ferguson and Trump had communicated on the matter.
Former Department of Justice antitrust official Doha Mekki, who worked under Biden as well as in the first Trump administration, called it “worrisome” that Zuckerberg had met directly with Trump “on the eve of trial, no less.”
In response to Wednesday’s sit-down, Meta representative Andy Stone stated Zuckerberg is “continuing the meetings he’s been holding with the administration on American technology leadership.” He would not disclose whether the forthcoming FTC trial was brought up.
A White House spokesman did not answer inquiries on whether Trump would seek a settlement for FTC Chair Andrew Ferguson or what the president would seek from Meta in exchange.
Under the previous Washington guidelines, a withdrawal on the matter should not even be feasible. Historically, the FTC has run apart from the White House. Trump last month terminated the agency’s two Democratic commissioners, but he opened the path for the FTC’s last two Republicans to pull the Meta case or settle it at his behest.
Former FTC Chair Lina Khan said to reporters at an antitrust summit sponsored by venture-capital company Y Combinator on Wednesday, “Each of those would need commission action, thus you would have to vote.” Though it is still chaotic, it certainly helps them to accomplish such a thing.
“Facebook would prefer this case just went away very conveniently, so I wouldn’t be surprised if there was pressure being applied,” Khan stated.
An improbable friend who also spoke at the conference mirrored her worries: Steve Bannon, the powerful far-right leader who was Trump’s top strategist during his first administration.
Bannon said to reporters on Wednesday, “This is not a random event that Zuckerberg happens to be in the Oval Office while this thing’s being done.” He stated the president is “under tremendous pressure [from] Big Tech oligarchs” while wishing Trump wouldn’t fold.
Bannon remarked, “It’s a never-ending fight.”
Like many Big Tech-related topics, the Meta case could split Republicans; many still consider the large platforms as handy political targets, but they are also enjoying the new friendliness of CEOs like Zuckerberg.
The social media behemoth’s sudden about-face on several topics where it has disagreed with Republicans indicates Meta is ready to significantly change its policies to satisfy the Trump and the GOP.
Once loathed by Trump and other Republicans for his supposed pro-liberal bias, Zuckerberg over the last several months has apologized for removing Covid-19 disinformation and downplaying posts about Hunter Biden’s laptop, elevated long-time Republicans Joel Kaplan and Kevin Martin to serve as his top lobbyists, ditched the company’s fact-checking program, donated $1 million to Trump’s inaugural fund and hosted an inauguration party for the president.
Trump friends Sen. Ted Cruz (R-Texas) and Rep. Jim Jordan (R-Ohio) have lauded Meta’s unflagging attempts to placate Republicans. The president himself has been rather open about his wish to set the foundation for a social media system promoting right-of-center material.
Long advocating for the government to dismantle Meta, Sen. Josh Hawley (R-Mo.) seems to be holding strong on the antitrust issue. He asked on Wednesday if Trump had “direct authority” to cancel Ferguson.
“Ferguson should advise him the best and say, ‘I don’t think we should do that, Mr. President. Hawley, speaking on the sidelines of the Y Combinator event, stated, “Here’s the law,” Ferguson should provide him his best counsel and add, “I don’t think we should do that, Mr. President.
“These folks behave as though they are suddenly friendly to you. Hawley said that’s just since they want something. Already, this administration has a great antitrust legacy. He should follow that.
But Alvaro Bedoya, one of the Democratic commissioners Trump dismissed last month, cautioned that Ferguson would eventually find himself cornered.
“If he gets an order from the people he calls his superiors in the White House saying ‘We’ve had a good relationship with Mark, why don’t you stand down from that,’ he either obeys and remains or he doesn’t and receives the same email I got,” Bedoya said. Bedoya remarked, “Or he doesn’t and he receives the same email I got.”
