He wrote, “But those concerns are largely for Congress; they are not relevant here. Mindful of its proper role, and especially considering the deference to which the Executive’s enforcement discretion is entitled, the Court will grant the consent motion and enter the order as proposed.”
Judge Kelly explained that the court’s role is to “determine that the settlement is fair, adequate, reasonable and appropriate under the particular facts and there has been valid consent by the concerned parties.”
“Applying this deferential standard—and despite the underhanded conduct of which the FTC accuses Facebook—the Court finds that the Stipulated Order passes muster. Specifically, the Court finds that the parties consented to the order and that it is fair, reasonable, and in the public interest,” wrote Judge Kelly.
FTC Chairman’s statement
FTC Chairman Joe Simons said they are pleased with the Court’s decision approving the “largest monetary penalty ever obtained by the United States on behalf of the FTC and the second largest in any context.”
