Skip to main content

New top story from Time: Facebook’s Market Value Climbs Over $1 Trillion as Judge Dismisses Antitrust Suits Against the Social Network

https://ift.tt/3hirG0C

Facebook Inc. won a court ruling dismissing two monopoly lawsuits filed by the U.S. government and a coalition of states that sought to break up the company, dealing a blow to the effort of antitrust officials to take on the biggest tech platforms.

The decision by U.S. District Judge James Boasberg in Washington on Monday sent Facebook shares soaring, pushing the company’s market value to more than $1 trillion.

Boasberg granted the company’s request to dismiss the complaints filed last year by the U.S. Federal Trade Commission and state attorneys general led by New York, saying in his opinion that the FTC failed to meet the burden for establishing that Facebook has a monopoly in social networking.
[time-brightcove not-tgx=”true”]

The judge said the FTC failed to clearly define the market and said its assertion about Facebook’s share of the market was “too speculative and conclusory to go forward.” He said the agency could refile the complaint within 30 days.

“Although the court does not agree with all of Facebook’s contentions here, it ultimately concurs that the agency’s complaint is legally insufficient and must therefore be dismissed,” Boasberg wrote.

Facebook shares gained as much as 4.9%, the most since April 29. The shares have advanced 30% this year.

“We are pleased that today’s decisions recognize the defects in the government complaints filed against Facebook,” said a company spokesman.

With the ruling, Facebook has escaped — at least for now — the most significant regulatory threat to its business to emerge out of the wider crackdown on U.S. technology giants. The FTC didn’t immediately comment on the decision. The New York Attorney General’s Office said it’s reviewing the decision and considering its legal options.

The ruling delivers a blow to the FTC and the states, which claimed Facebook violated antitrust laws by buying photo-sharing app Instagram and messaging service WhatsApp in order to cut off emerging competitive threats and protect its monopoly.

It also puts new emphasis on antitrust legislation advanced by the House Judiciary Committee last week that would make it easier for enforcers to challenge anticompetitive conduct by the biggest tech platforms.

Antitrust Hurdles

Boasberg’s decision to toss the Facebook complaints shows the hurdles U.S. antitrust enforcers face in trying to take on the internet giants. Officials on their own can’t break up companies or impose other remedies, but instead must persuade judges to take action. The process can take years.

In a separate opinion about the states’ lawsuit, the judge criticized the attorneys general for waiting years after the Instagram and WhatsApp deals to challenges the acquisitions.

“The states’ long delays were unreasonable and unjustified as a matter of law,” Boasberg said. “Both acquisitions were, per plaintiffs’ allegations, publicly announced, and the states were thus aware or certainly should have been aware of them from those points onward.”

The Facebook lawsuits were filed in December as part of a widening crackdown on America’s tech giants. The cases followed a Justice Department complaint against Alphabet Inc. for allegedly monopolizing internet search, and the findings of a House investigation that accused tech companies of abusing their dominance. Lawmakers have since proposed a pile of bills that would cast a broad regulatory net over the companies.

Antitrust investigators at the U.S. Justice Department have stepped up scrutiny of Google’s digital ad market practices in recent months, according to people familiar with the matter, showing that the Biden administration is actively pursuing a probe that started under former President Donald Trump.

For more: Google Ad Business Faces Scrutiny as DOJ Extends Trump-Era Probe

The Facebook lawsuits centered on the 2012 acquisition of Instagram and the 2014 takeover of WhatsApp. Officials say Facebook made the deals because it saw both companies as threats to its business. Rather than compete with its own products, Facebook followed Chief Executive Officer Mark Zuckerberg’s mantra: “it is better to buy than compete,” according to the FTC complaint.

Facebook offered $1 billion for Instagram when it had only 25 million users and no revenue, but had already started to capture the market for mobile photo-sharing. Zuckerberg said the threat from Instagram was “really scary,” according to the FTC complaint. The company paid $19 billion for WhatsApp because it saw messaging apps as another danger to its business. A Facebook executive said the apps “might be the biggest threat we’ve ever faced as a company,” the FTC complaint said.

Facebook attacked the complaints on several grounds. One of its key arguments was that the FTC investigated both acquisitions when they were announced and allowed both deals to proceed. While antitrust enforcers can challenge completed mergers, Facebook argued the FTC’s case was unprecedented and the agency never explained why its prior decisions approving the purchases were mistaken. The government simply wants a “do-over,” Facebook said.

The company also had argued that a U.S. Supreme Court ruling in April that curtailed the FTC’s authority to recover money for defrauded consumers required that the complaint be dismissed.

The case is Federal Trade Commission v. Facebook Inc. 20-cv-3590, U.S. District Court, District of Columbia (Washington).

Comments

Popular posts from this blog

Vaccine nationalism will not shorten COVID pandemic, warns WHO chief https://ift.tt/3oqykEN

The World Health Organization (WHO) chief Tedros Adhanom Ghebreyesus has called for solidarity in the rollout of future coronavirus vaccines. In a video address at the opening of the three-day World Health Summit in Berlin, Tedros Adhanom Ghebreyesus noted that it was natural for the countries to want to protect their own citizens first but, he urged, "we must also use it effectively". 

Taken with Transportation Podcast: Connecting Community to Transit

Taken with Transportation Podcast: Connecting Community to Transit By The Bayview Community Shuttle is intended to help residents connect more easily with transit lines that serve Bayview-Hunters Point, such as the 54 Felton and T-Third. Accessing public transit can be more difficult for people in one particular San Francisco neighborhood than it is in other parts of the city. So we are designing a supplemental transportation program for this area, the Bayview Community Shuttle. You can learn more in the latest episode of the SFMTA podcast, Taken with Transportation . Host Melissa Culross talks with SFMTA Transportation Planner Christopher Kidd, San Francisco Supervisor Shamann Walton, Bayview-Hunters Point Community Advocates Environmental Justice Director Dalila Adofo, SFMTA Planning Director Maia Small and neighborhood residents about the shuttle, which is expected to begin running in Bayview-Hunters Point in 2024.  Christopher Kidd is the planner in charge of the shuttle p...

New top story from Time: Pfizer-BioNTech Have Started Testing Their COVID-19 Vaccine in Children Under 12

https://ift.tt/3vWOQjL Alejandra and Marisol Gerardo are nine years old but already making a little bit of history. The twin sisters are among the first young children to get vaccinated with a COVID-19 shot in Pfizer-BioNTech’s study of its vaccine in kids under age 12. Alejandra and Marisol had their blood drawn in the morning on March 24, then got their first dose of the two-dose vaccine later that afternoon. “Their primary concern was, ‘is it going to hurt,’” says their father, Dr. Charles Gerardo, chief of emergency medicine at Duke University School of Medicine. “They’re not too worried about the long term side effects; they’re looking at the moment, not the future.” Testing the vaccine in younger children will answer critical questions about how much immunity the shots can provide, and potentially give parents and education officials more confidence in re-opening schools. While it appears that younger children don’t get as sick with COVID-19 as older teens and adult...

New top story from Time: Schools Across the U.S. Are Already Switching Back to Remote Learning Amid COVID-19 Surge

https://ift.tt/3B8bWpt (ATLANTA) — A few weeks into the new school year, growing numbers of U.S. districts have halted in-person learning or switched to hybrid models because of rapidly mounting coronavirus infections. More than 80 school districts or charter networks have closed or delayed in-person classes for at least one entire school in more than a dozen states. Others have sent home whole grade levels or asked half their students to stay home on hybrid schedules. The setbacks in mostly small, rural districts that were among the first to return dampen hopes for a sustained, widespread return to classrooms after two years of schooling disrupted by the pandemic. [time-brightcove not-tgx=”true”] In Georgia, where in-person classes are on hold in more than 20 districts that started the school year without mask requirements, some superintendents say the virus appeared to be spreading in schools before they sent students home. “We just couldn’t manage it with that much sta...

Black doctor dies of COVID-19 after racist treatment complaints https://ift.tt/3nR3RiK

A Black doctor who died battling COVID-19 complained of racist medical care in widely shared social media posts days before her death, prompting an Indiana hospital system to promise a “full external review" into her treatment.

New top story from Time: How the Giant Boat Blocking the Suez Canal Was Freed: Dredgers, Tugboats, and a Full Moon

https://ift.tt/39oSyJn The congregation of tugboats and dredgers that freed a skyscraper-sized container ship from Egypt’s Suez Canal on Monday had help from an extremely foreign body over the weekend: The moon. The recovery vessels took advantage of high spring tides around the full moon on Sunday to free the Ever Given, which had blocked Egypt’s Suez Canal for almost a week . Its partial refloating just before dawn on Monday drew cheers and foghorn blasts from the bridges of other vessels caught in the bi-directional snarl that had held up hundreds of ships and billions of dollars worth of cargo each day since March 23. Images on shipping trackers and reports from on the ground gave credence to the Suez Canal Authority’s (SCA’s) Monday afternoon announcement that the ship had been “fully refloated”, allowing for “restoration of the vessel’s direction so it is positioned in the middle of the navigable waterway”. As of Thursday evening, the Ever Given was headed for Gr...

Celebrate Pride in San Francisco: Looking Back and Moving Forward

Celebrate Pride in San Francisco: Looking Back and Moving Forward By Enrique Aguilar SFMTA Pride Parade contingent in 2022. San Francisco has long been at the forefront of the LGBTQIA+ movement in the United States, and Pride is an integral part of the city’s cultural fabric. On Sunday, June 25, Market Street will come alive during the SF Pride Parade. This year's theme, "Looking Back and Moving Forward," embodies the spirit of reflection, progress and unity. Staff from the SFMTA will be participating in the parade and are ready to come together to celebrate!  Pride events are important to countless people. They offer a safe and accepting space where folks can express their true selves without fear or judgment. The celebration is a powerful reminder that everyone deserves acceptance and respect, regardless of sexual orientation or gender identity.   Pride Month events also acknowledge the contributions and struggles of the LGBTQ+ community throughout history. From th...

New top story from Time: Non-Discrimination Protections Are Hugely Popular — Yet Far From Law

https://ift.tt/2OZHZWa This article is part of the The DC Brief, TIME’s politics newsletter. Sign up here to get stories like this sent to your inbox every weekday. If you watched last week’s Senate Judiciary Committee hearing about an anti-discrimination bill to protect the rights of LGBTQ Americans, you’d have come away thinking the series of safeguards being discussed were deeply divisive and threatening to the lawmakers’ constituents, and especially young women who play sports. But a new poll of more than 10,000 Americans, released today, shows just the opposite: that non-discrimination policies are overwhelmingly popular by a 3-to-1 margin. The study, from the non-partisan Public Religion Research Institute, asked voters about “laws that would protect gay, lesbian, bisexual and transgender people against discrimination in jobs, public accomodation and housing.” Among all respondents, 76% said they supported such proposals , up 5 percentage points from when PRR...

New top story from Time: The Current COVID-19 Vaccine Card is Terrible. We Asked Professional Designers to Create a Better Version

https://ift.tt/3DmwDzK It’s hard to move through the modern world without carrying a full deck of personal cards with you: driver’s license, insurance card, credit cards, bank card, Medicare card, student ID card and more. They are the transactional visas of contemporary life and they’ve been designed with that role in mind—durable, portable, easy to use, hard to forge. The newest addition is the U.S. Centers for Disease Control and Prevention’s COVID-19 vaccination card—and it violates almost every rule of good design: it’s made of perishable paper; it’s too big to fit in most wallets; it’s entirely analog—with small spaces for handwritten entries, which can be hard to read at best and entirely illegible at worst; it’s black and white and thus a cinch for forgers; it’s unencrypted—with information displayed on the face of the card rather than hidden in a QR or barcode—meaning that if you do misplace it, your health information is out in the world. What’s more, the card conne...

New top story from Time: New York Police Seek Suspect After Elderly Asian American Woman Assaulted

https://ift.tt/2PLnYCU (NEW YORK) — An elderly Asian American woman was attacked by a man Monday afternoon who repeatedly kicked her in front of witnesses who seemingly stood by, according to surveillance footage released by the New York City Police Department. The 65-year-old woman was walking along 43rd street when a man came up to her and kicked her in the stomach, knocking her to the ground, the NYPD said. The man then stomps on the woman’s face several times while hurling anti-Asian statements at her, police said. He later casually walks away, the footage shows. The woman was hospitalized with serious injuries. According to video footage, a man inside a building lobby seemingly stopped what he’s doing to watch the assault and later two more men wearing blazers walked into the frame and one of them closed the door as the woman was on the ground. According to real estate website Street Easy , Brodsky Organization is the property developer and manager of the building...