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After filing a patent infringement suit against Rogue Fitness in 2018, world jump rope champion and the owner of CrossFit Untapped in Louisville, CO, Molly Metz, is hopeful she might finally get her moment in court.

On February 24, the Supreme Court will decide whether or not to review Metz case against Rogue Fitness, which was dropped when her two patents were invalidated in 2020.

Remind me: Metz is the owner of Jump Rope Systems, LLC, a Colorado-based company that was awarded patents 7,789,809 and 8,136,208 in 2010 and 2012 respectively, and who went on to file a patent infringement suit against Rogue Fitness in 2018 claiming Rogue stole their jump rope technology.

What happened next: In 2020, Metz case was sent to an administrative court (common to patent lawsuits) which led to her patents being invalidated by the U.S. Patent and Trademark Offices Patent Trial and Appeal Board (PTAB), something Metz blames on the America Invents Act, a bill that was passed by Congress in 2011 and has led to thousands of patents being invalidated since 2011.

Metz was devastated to lose something she worked so hard for, something she spent four years trying to achieve.

But she never got this right, as her patents were stripped from her before she had the chance to fight.

Where she is today: Metz filed an appeal to the Supreme Court, and today she isnt trying to regain her invalidated patents, but she is hoping for compensation for the damages incurred during the years prior to 2020 when her patents were valid.

His argument did enough to persuade the Supreme Court, so on February 24, Metz is supposed to find out whether the Supreme Court will reconsider her case. If they do, shes hoping shell finally get her day in district court.

Metz message: From 2018 until now, Metz has sunk $500,000 of her own money into the suit because shes passionate about protecting the rights of small business owners and inventors like herself.

But for Metz, the case isnt just about her. She feels like shes fighting for all the hard working small business owners who worked hard to build something only to have it stripped away from them.

Our country is made off of innovation. Its what brought us to where we are today, Metz said. I wont get my patents back, no. So were kind of fighting for everyone else when we go to DC.

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TOPEKA Though he hadnt actually read the legislation in question, Senate President Ty Masterson spoke in support of wide-ranging tax exemptions for businesses thought to be in competition with government entities.

Property and sales tax exemption proposals have been kicked around for years, including when Kansas fitness club magnate Rodney Steven began a campaign to persuade the Kansas Legislature to exempt his business, Genesis Health Clubs, from those taxes.

Steven, who owns more than 50 Genesis facilities in six Midwest states, has been an advocate of property tax breaks for fitness businesses like his since Gov. Sam Brownback was in office. In the past, he was delinquent on hundreds of thousands of dollars in pre-COVID 19 property taxes owed to Shawnee, Johnson and Douglas counties.

During a Senate Assessment and Taxation Committee hearing on Tuesday, Masterson said businesses such as Genesis were suffering due to unfair government competition.

I think everybody likes to talk about the health club thing, right? Masterson said. So thats an example. If you have a private business that has that situation, and then you use those resources from that business to create competition, right next door, thats unfair, and explicitly against the Republican platform. So were looking for a solution.

The discussed bill, Senate Bill 252, would exempt ambulance services, child care centers, businesses dealing with entertainment, exercise and recreation, and restaurants, from paying property taxes if there is at least one governmental facility competing with the business in the county. Certain entities would also be exempt from sales taxes, among other bill provisions.

Several lawmakers at the meeting questioned whether businesses actually need the tax cuts and criticized the broad scope of the bill. Sen. Ethan Corson, a Prairie Village Democrat, said passing the tax exemptions would just burden property owners, especially in areas like Johnson County.

Johnson County is basically a county full of restaurants and fitness centers, Corson said. So if all of them stopped paying property taxes, all of that burden is just going to go back on residential property owners. I just worry that thats really going to backtrack a lot of the good work that the committees done, because I dont see where theres fat in the budget to cut millions and millions of dollars from basic services.

The legislations fiscal note hasnt been released, but the financial impact on the state could be significant.

Other lawmakers brought up a Kansas Legislature audit conducted about tax advantages or disadvantages to a variety of child care, mental health and health centers. The audit results were inconclusive on whether or not nonprofits, for-profits and governmental entities competed with each other.

Mike Taylor, who spoke on behalf of the Kansas County Commissioners Association, said the bill wasnt well-defined.

If you look back at the history of this bill, it has been around for five or six years, Taylor said. It started out because the Steven family in Wichita owns the Genesis Health Clubs and they didnt think it was fair they had to pay taxes and the YMCA didnt. The bill has taken a lot of variations over the years, and now its grown so broadly that I dont know how you would decide what businesses are tax exempt or not.

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Join us Saturday March 4th, 3 pm- 8 pmfor a great opportunity to check out our unique golf & fitness gym in a fun, non-intimidating environment. Current members come on in, bring your friends & family, take advantage of discounts, and enjoy a beverage on the house. First-timers take the opportunity to meet the staff, check out the equipment, view an on-demand class, and test your golf game in our state-of-the-art golf simulator. It will be a day filled with fun, fitness & golf. So stop in, grab some food and a beverage, and find out why you need The Total Fitness Zone in your life now!

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For those of you who can't make it in person, simply send us an email @ totalfitnesszone@verizon.net and just put OPEN HOUSE in the subject line to receive your discounts.

For more info email Daniel@ImagenGolf.com or 215-595-6299.

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The quickest way to tell if a fitness influencer has edited their body in a video is to look at the background. Curvy poles and warped windows are dead giveaways. Other times youll find crooked shadows in photos or a filter momentarily disappearing from the video.

John Dorsey, known online as Goob or your favorite influencers least favorite influencer, is an expert at spotting these blatant and subtler manipulations. In one video, he argues to his 70,000 Instagram followers that Chinese fitness influencer Jessica Shen seems to be using a waist-cinching filter in a post about a bodybuilding contest that she won.

I cant say I understand this. You won, Dorsey says in the video. You beat everybody. You got this video after beating everybody, then said, Let me make my waist even tighter. Why?

The 32-year-old bodybuilding coach has gained notoriety by calling out bad behavior in the fitness industry online, ranging broadly from revealing the criminal background of an influential member of the powerlifting community to alleging that a fitness microinfluencer faked cancer to exposing edited photos. Dorseys account has been taken down for alleged community guideline violations 12 times, which he attributes to fitness influencers and their fans fighting back.

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Dorsey is not alone in calling out edited posts. Dozens of communities exist on Instagram, Facebook, and Reddit dedicated to spotting inconsistencies and edited images posted by image-obsessed influencers. BuzzFeed News interviewed eight fitness influencers popular on TikTok and Instagram, and they all acknowledged that editing and filters is an open secret among the industry and that almost everyone does in some capacity although, of course, all of them vehemently denied doing it themselves.

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The tweaks are often subtle, they said a slightly bigger bicep for men and a more cinched waist for women. Often, theyll see someone has edited their photos with adjustments to the hips and butts to achieve a look thats attainable, if unrealistic. Technology has progressed to the point that it takes mere seconds to edit a photo with apps like CapCut, BodyTuneEditor, Facetune, and FaceApp. Videos and livestreams, which previously served as proof of authentic bodies, can easily be edited as well.

Olivia Marcarelli, a 25-year-old fitness influencer with 400,000 TikTok followers and 150,000 YouTube subscribers, said that most of what she sees other creators post on social media is toxic and unrealistic. Her posts show off her fit thick physique and booty-focused exercises, but she said shes recently become disillusioned with other fitness creators because their posts are so frequently edited.

Girls literally get famous because of Photoshop. They create a whole identity around their fake bodies, she said. Just today, I saw one with 2 million followers of men who think shes real, but it's so obvious. She edits everything.

Marcarelli didnt want to call anyone out by name for manipulating their photos;shed rather keep things positive. But Dorsey, who attended law school, has no problem calling people out for false advertising. After revealing that a major influencer had been posting edited photos, he received messages from his audience thanking him for helping them realize why they couldnt achieve that level of perfection the results are a fabrication.

Christian Shaboo takes a selfie before being photographed at BuzzFeed's New York City offices on Feb. 1, 2023.

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Its human nature to compare yourself to others, and its a relief to find out that someone who looks perfect was all smoke and mirrors, he said. After I expose a popular influencer, people DM me and tell me that theyre the same height and weight as them and that they could never understand why they dont look like that.

Subtle tweaks to an arm or a butt might be obvious to other fitness influencers and seasoned online sleuths, but usually their enormous audiences of millions on YouTube, TikTok, Facebook, and Instagram arent aware of the extent of digital manipulation. Theres a push and pull on both sides. Followers of these fitspo accounts are immersing themselves in unrealistic and often unattainable images, and creators feel pressured to alter their posts to achieve the perfection favored by algorithms.

As a result, people often equate a perfect body with someone who can actually give fitness advice. Influencers feed off this, selling exercise plans or simply using their large followings to hawk products such as protein powder and athleisure. And fitness creators in turn have become celebrities with millions of followers. And now there is an entire thriving subculture of creators within the $100 billion fitness industry that is rife with misinformation, misleading images, and influencers with little to no training experience.

Lawrence Obioma knew that having a muscular physique would help him get a social media following. The 26-year-old tech consultant, who has 480,000 TikTok followers, first went viral for working out while solving a Rubiks Cube one-handed. He told BuzzFeed News that as his audience grew, people started asking for his workout regimen. Just by looking like the ideal version of a fitness influencer, he became one. He has posted videos of himself lifting weights, but hes open about the fact that he doesnt hold any formal certification.

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I didnt release my workout plans for monetary gain, he said, though theyre still available for $10 to $12 on his website. I did it because people wouldnt stop asking me for them.

Obioma said he hasnt felt the pressure to edit or alter his videos because he looks the same or better in real life, though in 2020 he posted a series of videos questioning whether influencers were natty (not using steroids) or editing their posts, which he says is a huge problem in the industry. Obioma no longer identifies as a fitness influencer, because hed rather focus on his comedic content. He now shares videos with dating advice and claims to have more than 100,000 matches on Tinder.

But his story embodies the conceit for the entire influencer industry. Creators sell their audience something aspirational be it outfits, vacations, or perfectly ripped bodies and people pay them with likes and follows. And that does result in actual money, whether its from brand deals, merchandise, or TikToks Creator Fund. Looking hot and fit is key because research states that people are more likely to trust someone they deem attractive.

Still, having a clichd #fitspo body online doesnt mean you have health or fitness knowledge. Claudia Elizabeth, a 23-year-old bodybuilder and certified personal trainer with 250,000 TikTok followers who doesnt share her last name online for privacy reasons, said she has noticed that some people cant tell the difference between someone who gives good advice and someone who has a good body.

On her page, the self-described muscle mommy doesnt really share advice. She posts videos of herself working out or flexing, but never suggests that other people copy her. She privately works with a coach who makes plans personally for her, and she doesnt want anyone to interpret what she does as a professional athlete as advice that will work for them.

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Stuff like what I eat in a day videos can give people meal ideas, but I dont recommend people do things to look like me, Elizabeth said. Ive learned from my work as a trainer that everything needs to be individualized.

But even certified instructors feel the pressure to present the best possible version of themselves to gain followers. Elizabeth doesnt edit her body in photos, but sometimes she feels self-conscious about her posts and knows how to pose to shift the focus on her body to create content the algorithm will love. She rarely faces the camera directly and instead shifts her hips to accentuate her waist and butt.

Im aware of what the fitness community wants to see and what will get me on the Instagram Explore page, she said. An authentic photo isnt going to get the same amount of likes, but it is important.

As a fitness influencer, your body is your brand. The better you look, the more likely you are to gain the attention of the algorithm, which translates to followers, which attract money from companies, which can then use your body to advertise a product. When digitally altered photos become commonplace on social media, societal expectations change, and even non-influencers feel the desire to edit themselves to perfection.

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Alicia Stern makes some adjustments to her hair at BuzzFeed's New York City offices on Feb. 1, 2023.

A 2019 Mental Health Foundation study found that 1 in 4 girls and 1 in 10 boys ages 13 to 19 have edited their images due to poor body image. A separate study conducted at the height of the COVID-19 pandemic in 2020 found that 90% of women would edit their faces or waists before sharing their photos online.

Image manipulation contributes to body dissatisfaction by normalizing unrealistic ideals, even if it is a tiny cinching of the waist. Dorsey said that going offline to avoid this kind of pressure just isnt sustainable for most people. Whats posted online has become our reality because were constantly immersed in it.

People forget what kind of effect the internet can have on their perception when its in their face all day, he said. Then they see the receipts that something has been edited, and they realize its not actually reality.

He said influencers will continue editing themselves as long as they can get away with it, and he cant catch everyone. Theres no quick fix for such a deeply rooted societal problem, but body-focused influencers can have a real impact on their followers.

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Psychologist Holly Schiff told BuzzFeed News that exposure to inauthentic fitness photos creates impossible standards that can result in lower self-esteem, depression, anxiety, and body dysmorphia.

These feelings can cause people to engage in unhealthy behaviors that they think will help them attain these physiques they are seeing in manipulated photos, she said.

Nicole Axelson, 26, started documenting her fitness journey when she was a teenager. She shared all the typical things a fitness influencer would, like her workouts and what she eats in a day, treating Instagram like a public diary. It all changed in her early 20s when she realized that the passion for exercise she was feeling wasnt determination, it was self-hatred. She decided she didnt want to perpetuate that to her followers.

I didnt want them to feel like if they wanted to look like me, they had to track their food and go to the gym or buy a $60 supplement, Axelson said. I was actually very miserable while I was doing a lot of those things.

Axelson stepped away from fitness influencing in 2020 to post about other aspects of her life and started a line of exercise gear with inclusive sizing. The Colorado resident said she is now in recovery from an eating disorder; though she still follows fitness influencers, shed rather focus on ones that celebrate empowerment rather than looking a certain way. The problem with the industry, to Axelson, is not necessarily other fitness influencers its anti-fat discrimination.

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I wish more influential creators would talk about their bodies in ways that arent just aesthetic, she said. It means a lot to me to be honest in promoting my story.

Taurean Parker checks himself out via his iPhone camera at BuzzFeed's New York City offices on Feb. 1, 2023.

And that honesty translates into followers too. Caleb Marshall, a 29-year-old from Indiana who has more than 1 million followers on Facebook and TikTok, said he started posting workouts online in 2014 after working as a certified group fitness instructor teaching dance classes. Over nearly 10 years, trends have come and gone, but he has remained relentlessly spirited and goofy in his videos of pop-centric dance workout routines.

If youre looking perfect, youll get a following for looking perfect, and that will be your thing, he said. But being pretty and perfect is not something that necessarily has longevity.

Many of the most popular authentic fitness influencers who post unflattering angles, cellulite, and tummy rolls are still image-focused and aspirational enough to draw in followers in the first place. In fact, theres now an entire genre of social media post that leads thin influencers to reveal that they look bigger in some angles than others, which has been criticized for implying that its bad to look fat.

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While many influencers tweak their bodies with editing software that is accessible, easy to use, and cheap, others are going more extreme. Some fitness influencers have gotten plastic surgery (like Tammy Hembrows breast augmentation) or use steroids (like the Liver King) to achieve an ideal look, but that yields more drastic results with potentially deadly side effects.

Marcarelli said that while she has felt pressured to edit her photos, she hasnt given in. Like Obioma, she became a creator when her friends started encouraging her to share her workouts after noticing how her physique changed with frequent exercise. She quickly gained a lot of followers (many of them men) as what she called a booty influencer literally women with strong, perky butts of pure muscle.

I took a step back in 2022 when I realized how oversexualized it all was, Marcarelli said. She started ignoring comments from her mostly male followers and unfollowing women who seemed to be posting for mens attention.

I would rather my community be a bunch of girls that I could chat with and help out. Thats what gives me a purpose, she said. I recommend doing a big unfollowing spree. If Im not helping, unfollow me too.

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Meanwhile, Marshall said he doesnt feel the need to edit any of his images he gets the most views when he is his unedited self.Some of his top videos involve him messing up a dance routine, or sweating profusely.

Unlike Elizabeth, Obioma and Marcarelli do not have any fitness training certification. Obioma has effectively left the industry, and Marcarelli said shes learned enough from professionals in person and online that she feels comfortable selling workout plans for $30 to $45 per PDF with the caveat that her advice is just what works for her. Thats a lot cheaper for her followers than hiring a personal trainer.

Though online workouts make fitness more affordable and accessible to a wider audience, the best way to get top-quality advice is not from a stranger online at least thats what offline experts say. Putting your trust in someone without official training can be incredibly dangerous, certified personal trainer James Dixon told BuzzFeed News.

It can make a person incredibly insecure about their body, which can lead them to lean on unhealthy workout routines and diet plans, he said.

There are a number of certifications that fitness professionals can obtain, like CPT (certified personal trainer), CNC (certified nutritional coach), NASM (a course from the National Academy of Sports Medicine), and so on. Depending on the program, it costs roughly $500 to $5,000 to gain access to classes that can last between 4 and 15 weeks. Sometimes, creators list their certifications in an alphabet soup of initials in their bios, which fitness influencer watchdog Dorsey said is a red flag.

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I think a lot of fitness certifications are predatory because they rely on people thinking they need them to work at a gym when they dont in most states, he said. I coach professional bodybuilders. Theres no certification that says, Im good to help people get jacked and tan. He clarified that hes not giving any kind of medical advice you shouldnt come to him for weight loss guidance or tips to get started on your fitness journey, and you wont find any on his Instagram either.

Jaedon Mitchell, a certified personal trainer and nutrition coach, said that the power most fitness creators have over their audience has inspired a rise of unqualified influencers, which is the worst thing thats ever happened to the fitness industry.

He said that one day at the gym, he saw a new member hanging upside down from a pull-up bar doing the most absurd exercise hed ever seen, which could also result in serious physical injury. The gymgoer told Mitchell that he had seen on social media that the exercise could help with core strength. When Mitchell found the post online, he found that dozens of young people were excitedly commenting that they wanted to try it, too. The creator who shared the pull-up exercise had no official training at all.

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It was as if the influencer was the leader of a cult, creating these bizarre exercises on his own, and his followers believed everything without question, he said. Not all influencers without credentials are giving bad advice, but would you trust someone to do surgery on you if you werent sure they were a licensed doctor?

Though it seems social media algorithms currently favor aesthetics over everything, some extremely successful fitness influencers shift the focus away from what they look like in a way that ex-influencer Axelson said she craved.

Marshall said his goal is not to help people look good its to help them feel good. Posting like other fitness influencers just doesnt bring him the same level of joy as being goofy.

I fell in love with making normal people feel like superstars, he said. We all have our moments where were not so confident, but when I tried to post like other people, it just wasnt fun for me.

Marshall added that people were prioritizing their personal goals and emotional well-being during the early stages of the pandemic, which led to a craving for more authentic content like his. To him, the transformation of the fitness industry isnt just possible. Its already underway.

Aesthetics will always be something that people chase, but we just found out how bleak the world can be, Marshall said. I think the influencers who are focusing on mental and overall wellness are the ones who will succeed.

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Revival Fitness Texas announced Tuesday that it signed name, image and likeness deals with three female athletes from TCUs womens volleyball and womens rifle teams. Rifle team members Stephanie Allan and Anne White, plus volleyball player Julia Adams, are involved in the NIL agreements.

REVFIT is committed to continuing to provide collegiate athletes across the various sports withthe opportunity to build business and brand experience, Revival Fitness founder and chairman Gary D. Simpson said in a statement. Stephanie, Anne and Julia are incredibly talented and hardworkingathletes who represent the heart of REVFITs mind, body and spirit philosophy, and we are veryproud to partner with them on building our brands together.

A press release said the NIL deals include social media activity and event appearances. The athletes involved in the partnerships will have the opportunity to co-teach fitness classes. They can also engage in corporate activities with Revival Fitness Texas executives.

Since the moment I stepped in the doors of REVFIT, I knew that it was going to change all myperceptions about group fitness. The supportive community and mission of REVFIT provides allmembers with a place to get stronger both physically and mentally, Allan said in a statement. Being a part of the REVFIT community as a TCU athlete allows me to grow as a person through the experiences and opportunities available. These opportunities are not only to get stronger but to help me be successful post-graduation in all of my future endeavors. I am so excited to join the REVFIT family and help grow this special community.

The press release described Revival Fitness Texas as a fitness experience that also focuses on social and mental aspects of life, in addition to physical. Its programs combine functional strength and conditioning.

The REVFIT mission is inspiring for so many people, including myself, White said in a statement. The community that REVFIT has built is something that I am beyond blessed to be a part of, and I look forward to helping it grow just as I grow in my own fitness journey as a college athlete.

TCU wide receiver Jordan Hudson also signed with Revival Fitness Texas last November.

We are excited and proud that REVFIT, along with the various collectives, are stepping up tosupport our student-athletes with NIL opportunities, TCU athletic director Jeremiah Donati said in a statement. It illustrates the commitment from our donor base to be leaders on the NIL front as TCU advances our leadership in education and athletics across Fort Worth, the growing DFW metroplex and an expanding national presence.

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Court found harm to potential competition a viableanti-merger legal theory, but required evidence FTC could notproduce.

The FTC has decided to abandon its challenge to Meta PlatformsInc.'s acquisition of virtual reality (VR) exercise appdeveloper, Within Unlimited, Inc., after U.S. District Judge EdwardJ. Davila from the Northern District of California rejected theFederal Trade Commission's bid for a preliminary injunctionblocking the deal. A setback for the Biden administration'scampaign to get tougher on anticompetitive mergers, the judge foundthat entry by acquiring Within was Meta's only option because despite its enormous resources the company did nothave the "available feasible means" and capabilities todevelop its own VR exercise app business on its own.

The order denying the preliminary injunction, entered Jan. 31,2023 in FTC v. Meta Platforms Inc., et al., No.5:22-cv-04325-EJD (N.D.Ca., filed Jul. 27, 2022), allowed thetransaction to close on Feb. 8. The Commission could have appealedthe court's ruling or commenced a proceeding before theagency's Administrative Law Judge. On Feb. 6, the FTC said thatit would not appeal the district court's refusal to pause themerger and on Feb. 10 it stayed the administrative lawproceedings.

The Commission had argued that the market consisted of VR appsthat are "dedicated" to fitness and does not include appsfor which fitness is "incidental," such as exercisevideos on YouTube. Products described as "VR dedicated fitnessapps" occupy their own relevant market, the FTC alleged,because these products have distinct customers and pricing schemesand provide an offering that differs from other apps on VRplatforms. The merging parties countered that the Commission'smarket definition was impermissibly narrow because it excluded toomany reasonably interchangeable products.

The court agreed with the FTC's market definition, notingthat despite the existence of "a broad fitness market thatincludes everything from VR apps to bicycles," it would"in no way preclude[ ] the existence of a submarketconstituting a relevant product market for antitrustpurposes." The way the user of a VR dedicated fitness app is"embodied" in a virtual environment, the court said, is"vastly different" from what can be offered on astationary bike or mobile phone. Moreover, VR dedicated fitnessapps are more likely than other VR apps to besubscription-based.

The court also observed that "neither general fitness firmsnor general VR firms have the production facilities to readilyproduce a substitute VR dedicated fitness app product, even if VRdedicated fitness apps were to raise prices and make market entrymore attractive.... That existing companies are not easily able toalter their facilities to produce VR dedicated fitness apps isadditional evidence that such apps constitute a distinct productmarket."

Before ruling on the Commission's preliminary injunctionpetition, the court disposed of the defendants' motion todismiss the complaint, which was premised on a theory of potential,or anticipated, competition explored in a pair of cases from themid-1970s.1

The merging parties argued that the FTC "stumble[d] rightout of the block" because the complaint did not allege theprospect of "oligopolistic" or "interdependent orparallel behavior." Such an allegation is standard in mergercases in which the transaction is likely to reduce existingcompetition in the market by eliminating a competitor, therebyenhancing the likelihood of "coordinated effects" amongthe remaining market participants.

But the FTC's theory of the case was not premised on thethreat posed by the deal to existing competition in the VRdedicated fitness app market, but, rather, the FTC alleged a marketthat was highly concentrated and not competitive. The transactionthreatens the potential competition in the future fromMeta's entry as a competitor to Within. In order to prevail ona potential competition theory, therefore, the Commission first hadto establish that the relevant market was nota competitivemarket but could be, provided Meta is forced to compete with Withininstead of acquiring it. It makes little sense to defend againstthe FTC's potential competition theory on the grounds that thecomplaint failed to allege injury to existing competition in therelevant market due to coordinated effects.

The court denied the merging parties' motion to dismiss in aclearly stated decision that the Commission's complaintadequately alleged a violation of Section 7 of the Clayton Actbased on harm to potential competition. Although the FTC mayconsider the decision a victory for its program of identifying andprohibiting transactions that threaten future competition byconcentrating adjacent centers of innovation, the court'sapplication of the law to the facts of the Meta-Within deal wasnarrowly mechanical and threatens to establish an exceedingly highevidentiary bar.

The industrial logic for challenging the Meta-Within acquisitionis unassailable. Meta has invested heavily already to try topenetrate the relevant market in addition to the billions ofdollars it has spent on its VR Reality Labs division. Meta operatesthe Quest Store, formerly the Oculus Store (obtained through aprevious acquisition), a distribution platform for third-party appdevelopers, and App Lab, an app distribution service for VR apps.It also acquired Beat Games, developer of Beat Saber, a popularsword-fighting game that is the best-selling VR app of all time.Clearly, Meta is positioning the "Metaverse" to be thedominant VR platform.

Within Unlimited launched on Meta's Quest Store in April2020 with Supernatural, a subscription-based VR fitness servicethat dominates the VR dedicated fitness app market. The companiesagreed to merge in October 2021. Past experience withMicrosoft's dominance over the markets for PC applications, andApple and Google's dominance over iPhone and Android apps,respectively, offer reason to believe that the VR dedicated fitnessapp market is likely to emerge as a more competitive market wereMeta prohibited from acquiring Within, or to put it another way, byrequiring Within to remain a center of innovation decision-makingseparate and apart from the dominant platform operator.

The concern for the protection of nascent competition expectedto emerge in the future is precisely the focus of the potentialcompetition doctrine. The court identified two economic mechanismsfrom the case law which eliminate potential future competition andare cognizable as a Section 7 violation. First, a transaction mighteliminate the prospect of actual independent entry by the acquiringparty in the short run. Second, a transaction might eliminate thecompetitive discipline imposed by the perception that a party isprepared to enter.

The FTC argued that the deal would substantially lessencompetition by depriving the relevant market of the pro-competitiveeffect of Meta's independent entry. The court framed the issueas whether Meta had the "available feasible means" toenter the relevant market de novo, which the FTC wasrequired to prove by a "reasonable probability."

Although the Commission argued that its burden had been metthrough evidence of Meta's "overall size, resources,capability, and motivation," the parties insisted that Metahad no plan to enter the relevant market de novo and wouldnot enter it without acquiring Within.

The court found that Meta lacked certain capabilities that were"unique and critical" to success in the relevant market,such as personal trainers optimized for VR activity throughconsultations with kinesiology and biomechanical experts. Meta alsolacked the necessary studio production capabilities to create andfilm VR workouts. The court observed that its Armature Studio wasreally a gaming studio lacking the necessary productioncapabilities to develop a VR dedicated fitness app. The court alsofound the FTC's theory that Meta could morph Beat Saber into adedicated fitness app to be "neither supported by thecontemporaneous remarks regarding the Beat Saber proposal nor thetiming of the subsequent investigation into thisproposal."

The court performed a detailed analysis of the evidence ofMeta's incentive to enter the relevant market to compete withWithin. Although it recognized that entry with its own dedicatedfitness app would facilitate Meta's development offitness-related VR hardware, the court nonetheless concluded thatde novo entry was not necessary to develop fitnesshardware. The court also recognized the benefits of deepintegration between the VR fitness hardware and software, but thecourt concluded that Meta's apparent excitement about fitnessas a core VR use case would not necessarily translate to an intentto build its own dedicated fitness app if it could enter byacquisition.

The court ultimately decided that Meta did not qualify as anactual potential entrant into the relevant market. "There canbe no serious dispute that Meta possesses the financial resourcesto undertake a de novo entry," the court wrote,"but financial and engineering capabilities alone areinsufficient to conclude it was 'reasonably probable' thatMeta would enter the VR dedicated fitness app market." For thesame reasons, the court failed to find sufficient evidence thatMeta's perceived potential future entry temperedanticompetitive behavior in the market. In sum, the FTC'sposition that, with all its resources, Meta would have found a wayto enter the market was, in the court's view,"impermissibly speculative." Because the Commission hadnot demonstrated a likelihood of success on the merits of itsSection 7 claim, the preliminary injunction was denied.

Whatever satisfaction the Commission may feel that its legaltheory of potential competition survived the parties' motion todismiss, any such reaction surely must be tempered by thesteepnearly impossibleevidentiary burden to which thecourt held the FTC. It is hard to imagine a case in which aprospective acquirer will have the capacity to enter denovo required by the court to qualify as an actual potentialentrant and at the same time seek to enter throughacquisition. The court's presumed knowledge of the "butfor" world based on the evidence before him shows a certainlack of humility in the face of powerful but as yet unseen forcesin industrial innovation. From the counterfactual perspective thatMeta is prohibited from acquiring Within, the court imagines aworld in which Meta is consigned helplessly to the sidelines of aVR dedicated fitness app market dominated by Within into whichothers, but not Meta, might seek to enter, while at the same timestriving to be the dominantindeed, evendefiningplatform in the "Metaverse." Such inactionby Meta, either by de novo entry or through a toeholdacquisition, seems akin to Google leaving the development ofAndroid-based mapping or messaging apps entirely to independentthird parties.

The court's concern in this case should have been whetherrequiring Meta to innovate in the VR dedicated fitness app spaceindependently instead of acquiring Within would avoidanticompetitive condition likely to reduce competition in thefuture. As the operator of the dominant VR platform, Meta is in asuperior position to innovate in the markets complementary to itsplatform. By capturing the dominant innovator in a complementarymarket, Meta greatly strengthens its ability to fend off futurecompetition in that market. For this reason, the transaction islikely lessen competition.

Footnote

1. United States v. Falstaff Brewing Corp., 410U.S. 526 (1973); United States v. Marine Bancorporation,Inc., 418 U.S. 602 (1974).

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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FTC Drops Challenge To Meta's Acquisition Of Virtual Reality ... - Mondaq

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Rachel Norman, founder, CEO and lead instructor of Try Hard Fitness, gathers inspiration from her late father, Richard D. Norman, pictured in a poster displayed at her fitness center.

Try Hard Fitness instruction is personalized to fit all levels, abilities, ages, and individual circumstances.

Multi-certified fitness instructor to launch ongoing senior-focused exercise program in memory of her late father, Richard D. Norman

Rachel Norman, founder, CEO and lead instructor of Try Hard Fitness

Once established, the class will introduce participants to a fitness program specifically designed for seniors, said Rachel Norman, founder, CEO and lead instructor of the fitness center.

Plans call for the Senior Fitness Hour program to launch in the spring on a weekly schedule. As space is limited, seniors are encouraged to sign up for the program as soon as possible by contacting the fitness center.

OPPORTUNITY FOR SENIOR CENTERS AND SENIOR DAYCARE FACILITIES

As groups are welcome, the fitness center is currently setting aside some morning and afternoon hours with intentions of working with local senior centers and senior daycare facilities seeking day trips that provide healthful recreation for residents and patrons of their establishments. The Senior Fitness Hour program is particularly beneficial, as it provides each senior with a unique and personalized experience.

Senior-care administrators seeking to learn more about Try Hard Fitness centers senior programs are encouraged to contact Rachel Norman by email (tryhardfitnessnyc@gmail.com), or to call/text her at 646-284-1353.

Norman, a multi-certified fitness instructor and weight-loss specialist, is launching the new senior-focused program in tribute to her late father, Richard D. Norman, who passed away in 2013. He was a retired New York City Corrections officer and a U.S. Army veteran who had served during the Vietnam War.

I feel that members of the older generation do not receive the acknowledgment and respect they deserve, Rachel Norman said. The end result of a Try Hard Fitness senior program is to have my elders walk out feeling like they are young again. If my father were alive today, hed be 71 years old, and hed be in my program because he always supported and believed in me. Hed probably be teaching it! At the end of the day, you are only as old as you feel, and Im determined to make all my clients, regardless of age, feel great.

HEALTHFUL, FUN-FILLED PROGRAM

Known to provide personalized instruction to fit all levels, abilities, ages, and individual circumstances, Try Hard Fitness programs are structured to deliver a healthful fitness regimen that is physically and mentally beneficial and fun.

While entertained by a musical playlist spanning the 1940s through 1960s, participants of the Senior Fitness Hour will be expertly and safely introduced to Rachel Normans brand of conditioning, which provides a means of lifting the spirit and getting in shape at any age.

Seniors are invited to experience a variety of beneficial fitness paths and tools, such as: A positive and inspiring environment; body-sculpting exercises; one-on-one professional support; low-intensity boxing; free-weight lifting; yoga, and more.

CONTACT INFORMATION

Rachel Normans Try Hard Fitness is located at 600 Midland Ave., Staten Island, NY, 10306. The center may be contacted via email (tryhardfitnessnyc@gmail.com), or by phone/text (646-284-1353), and visited online at TryHardFitnessNYC.com.

Barton HorowitzRelevant Public Relations, LLC+1 917-715-8761bhorowitz@relevantpr.com

Try Hard Fitness instruction is personalized to fit all levels, abilities, ages, and individual circumstances.

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'Senior Fitness Hour Planned on Staten Island at Rachel Normans Try Hard Fitness Center - EIN News

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James Maddison is a fitness doubt for Leicester (Nick Potts/PA) (PA Wire)

Leicester will check on the fitness of James Maddison ahead of Saturdays clash with Premier League leaders Arsenal at the King Power Stadium.

The England midfielder has been troubled by a knee problem since playing the full 90 minutes of last weeks loss to Manchester United at Old Trafford.

Manager Brendan Rodgers said at a press conference: Were obviously starting to get a lot of players back but we have to see how James Maddison is.

Hes still nursing a knee issue, so well just have to assess that tomorrow after training.

Rodgers has suggested Ryan Bertrand is edging closer to a return to action after more than a year out following knee surgery.

The 33-year-old is now back in training and building up his fitness.

Rodgers said: He will obviously still be a bit off it in terms of match fitness and whatnot but hell be available to train.

Defender Jonny Evans remains on the sidelines with the thigh injury sustained in November.

Rodgers said: Well see where hes at tomorrow. He hasnt been with the group this week.

Were hoping he can join at some point next week but thats as detailed as that can be at the moment.

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James Maddison a fitness concern ahead of Leicesters clash with Arsenal - Yahoo News

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Staying active isnt just about being healthy in body but also in mind. The mental benefits of fitness have helped a number of people transform their lives not least one whose childhood trauma shaped the person he is today. So, how did fitness improve one mans life and teach him to utilize omnichannel strategies to cement himself as an icon within the fitness industry?

In this episode of #WinTheDay, host Chase Wasson chats with special guest, fitness icon and entrepreneur Chase Harris, to talk about his journey in building his personal brand.

Growing up in a small town, Harris experienced situations that led to him growing up quicker than any child should from kidnapping to addiction Harris life journey put him through tumultuous times which ultimately spiraled into a felony conviction of drinking under the influence. After entering into a strict rehabilitation program, Harris transformed his life and retrained his brain to become the person he is today.

When you experience things like that and you see how people can get knocked down and get back up, that kind of influenced me topour life into peopleand so, through fitness Im able to not only help you build your self-esteem by changing your physique, also speak positive affirmations to youso they truly start to love themselves again, said Harris.

How Harris built his positive attitude in spite of his upbringing

How Harris learned to accept the consequences of his actions and move forward using omnichannel to solidify his place in the fitness industry

Why building his brand helped Harris overcome obstacles, give back to the community, and inspire others to do the same

And so, essentially, thats what my brand was. It was a way for me to express myself outwardly to the community but also impact people that are dealing with the same issues that Im dealing with and now we get to wear it on our chest and have an affirmation every single day, said Harris.

Harris certainly hasnt had it easy but he has persevered. Now, as the Founder of CSH Management, Harris teaches people every day how to push through tumultuous times and try to be the best version of themselves. In building his brand, Harris has leveraged omnichannel platforms, including social media platforms TikTok, Instagram, and Facebook, to inspire others in their fitness transformation journeys.

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Omnichannel Strategies in Business Reach the Fitness Industry - MarketScale

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Polk County Public Health, the Polk County Wellness Coalition, community partners, and volunteers are finishing its February Fitness Fever this Sunday, February 26.

To close out this years event, Public Health is partnering with the Crookston Pickleball Club to offer a day of pickleball at the University of Minnesota Crookston Wellness Center. This will be the first year weve done this. We do try to feature new activities and events. This will be our indoor day, from 2:00 to 4:00 p.m. at the University of Minnesota Crookston Wellness Center, Wellness Coordinator Amanda Lien explained. Members of the Crookston Pickleball Club will be there to provide equipment and all the instruction needed to learn how to play pickleball. The Club and Public Health encourage all skill levels and those who have never played to come learn how to play and have fun. They are all about sharing their love for this very fun sport if youve never tried it, said Lien. They are also encouraging those who have never played pickleball before to come on out and give it a try. Its great for all ages, and you do not have to have learned to play before to join on that Sunday.

The Wellness Coalition encourages physical activity, especially in the winter. Were really about promoting that physical activity, that daily movement, even if its just for 15-20 minutes a day of getting connected to the outdoors or being active. Its very important for our physical and mental health, and thats why we tried to do a range of activities this year, Lien explained. Weve had some extremely cold weather, so you must be more dressed for that. Understandable that sometimes being inside is a good place to be, and there are places you can do that and still remain active, like the walking track at the Sports Center and Civic Center. Were so grateful to be able to use Wellness Center out at UMC, but theres a number of places that we can be active in indoors.

The Polk County Wellness Coalition wants to thank its many volunteers and partners who collaborate with them to put healthy choices within reach. Tri-Valley Transportation is also available to transport anyone to the event on Sunday.For more information and resources on where and how to stay active in your community, contact Amanda Lien at 218-281-3385.

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FEBRUARY FITNESS FEVER ENDS THIS SUNDAY WITH ... - kroxam.com

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