> “We haven’t been shy about explaining why it doesn’t make sense for the FTC to bring a case to trial that requires it to prove something every 17-year-old in America knows is absurd—that Instagram doesn’t compete with TikTok,” she said.
In this hypothetical scenario:
1. Instagram competes with TikTok, winning a minority share of the market.
2. The government decrees that TikTok is anathema and expels them from the market.
3. The government sues Instagram for having a supermajority share of the remaining market.
I feel like there should be a form of estoppel preventing the argument.