> What happens when they lose this one too?
Boards the country over become more emboldened.
I have trouble seeing Khan's continuation at the FTC as anything but an olive branch to Big Tech. Activision is a recent failure. The glaring one was Facebook, where the FTC did "not even provide an estimated actual figure or range for Facebook's market share at any point over the past ten years" [1]. That's the judge! In his opinion!
[1] https://casetext.com/case/fed-trade-commn-v-facebook-inc#p4