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

FOX NEWS: Thanksgiving dinner: 5 recipes to win over everyone's taste buds Perhaps you’re simply looking to supplement Thanksgiving’s signature staple entrée with something different.

Thanksgiving dinner: 5 recipes to win over everyone's taste buds Perhaps you’re simply looking to supplement Thanksgiving’s signature staple entrée with something different. via FOX NEWS https://ift.tt/3jJSDfV

Mumbai terror attack 12 years on: Remembering the heroes of 26/11 https://ift.tt/2J9bWA8

Floral tributes were paid on Thursday to the martyrs who laid down their lives while fighting terrorists who attacked Mumbai on November 26, 2008. "Their sacrifice will never be erased from the memory of time and history. Today, we pay tribute to our saviours #2611Attack #2611Martyrs," Mumbai Police tweeted.

New top story from Time: Bomb Targeting Mosque in Kabul Kills a ‘Number of Civilians’

https://ift.tt/3Fg5SxS KABUL, Afghanistan — A bomb exploded in the entrance of a mosque in the Afghan capital on Sunday leaving a “number of civilians dead,” a Taliban spokesman said. The bomb targeted the sprawling Eidgah Mosque in Kabul, where a memorial service was being held for the mother of Taliban spokesman Zabihullah Mujahid, who later tweeted the attack had claimed civilian lives. Taliban fighters were not been harmed in the attack, Taliban spokesman Bilal Karimi told the Associated Press. Those killed in the attack were civilians outside the mosque gate. He did not provide a figure for the number killed and said an investigation was ongoing. [time-brightcove not-tgx=”true”] Emergency NGO, an Italian-funded hospital in Kabul, tweeted it had received four people wounded in the blast. The area around the mosque was cordoned off by the Taliban, who maintained a heavy security presence. No one immediately claimed responsibility for the attack. However, since the Tal...

More trouble for Chinese cos as India changes trade rules in public procurement https://ift.tt/2EeBklg

Amid the border tension with China, the government has changed trade rules imposing restrictions on public procurement from China and other countries with the common border. According to the changed rules, the government has imposed restrictions on firms, companies from countries which share common land border after it amended the General Financial Rules 2017. An official statement on Modi government latest move said that this has been done on the grounds of defence of India, or matters directly or indirectly related thereto including national security. The Department of Expenditure has, under the said Rules, issued a detailed order on public procurement to strengthen the defence of India and national security, it said. Here what the order says: As per the order, it said, any bidder from such countries sharing a land border with India will be eligible to bid in any procurement whether of goods, services (including consultancy services and non-consultancy services) or works (...

New top story from Time: “Anarchy, Madness, and Chaos”: How Trump Plans to Counter the Democrats’ Convention Message of Hope

https://ift.tt/3aJomYW The ad has Joe Biden and Kamala Harris’s names written in jagged, horror-movie script. Images of burning cars and protestors scroll behind their heads. “Don’t let them ruin America,” reads the title. As Republicans put the finishing touches on their convention slated to start Monday, the Trump campaign blitzed social media and streaming services with a nearly $10 million ad buy to counter the Democrat’s feel-good convention program , according to a campaign official, running video clips in front of millions of Americans who visited YouTube, watched Hulu, or browsed their Facebook feeds. The series of ads scrolled through clips showing Democrats as beholden to the “radical leftist mob,” questioning Biden’s mental acuity, his record on race, and accusing him of being unwilling to stand up to China. At the end of one, an older woman is shown dialing the police while someone dressed in all black breaks into her house. “You won’t be safe in Joe Biden’s ...

New top story from Time: Thousands of People Are Fleeing Into Thailand Following Air Strikes in Myanmar

https://ift.tt/3u7UFJB YANGON, Myanmar — Thai authorities along the country’s border with Myanmar are bracing Monday for a possible influx of more ethnic Karen villagers fleeing new airstrikes by the Myanmar military. Myanmar aircraft carried out three strikes overnight Sunday, according to Free Burma Rangers, a humanitarian relief agency that delivers medical and other assistance to villagers. The strikes severely injured one child but caused no apparent fatalities, a member of the agency said. Thai Prime Minister Prayut Chan-ocha on Monday acknowledged the problems across his country’s western border and said his government is preparing for a possible influx of people. “We don’t want to have mass migration into our territory, but we will consider human rights, too,” Prayut said. Asked about people who have already fled into Thailand, Prayut said, “We have prepared some places, but we don’t want to talk about the preparation of refugee centers at the moment. We won’t ...

1st reported US case of COVID-19 variant found in Colorado https://ift.tt/38DY5uc

The first reported U.S. case of the COVID-19 variant that’s been seen in the United Kingdom has been discovered in Colorado, Gov. Jared Polis announced Tuesday, adding urgency to efforts to vaccinate Americans.

New top story from Time: President Trump Vetoes $740 Billion Defense Bill – Setting Up Override Vote

https://ift.tt/38y8kQY (WASHINGTON) — President Donald Trump on Wednesday vetoed the annual defense policy bill, following through on threats to veto a measure that has broad bipartisan support in Congress and potentially setting up the first override vote of his presidency. The bill affirms 3% pay raises for U.S. troops and authorizes more than $740 billion in military programs and construction. The action came while Trump was holed up at the White House, stewing about his election loss and escalating his standoff with Republicans as he pushed fraudulent conspiracy theories and tried to pressure them to back his efforts to overturn the results. The House was poised to return Monday, and the Senate on Tuesday, to consider votes to override the president’s veto of the National Defense Authorization Act, or NDAA. Trump’s move provoked swift condemnation, with House Speaker Nancy Pelosi calling it “an act of staggering recklessness that harms our troops, endangers our secu...

Meet the People who Keep You Safe on Muni

Meet the People who Keep You Safe on Muni By Mariana Maguire Next time you ride Muni or see a Muni vehicle, keep an eye out for the faces of some of the people of the SFMTA working to keep customers and fellow staff safe on Muni, day to day. They include members of our Muni Transit Assistance Program , Proof of Purchase team, our Muni operators, as well as our head of Safety, Security and Investigations. Staff in our Muni Transit Assistance Program ride Muni \ to help address conflicts.Our Proof of Purchase team, Station Agents and Transit Inspectors support customer safety by providing an extra presence on Muni vehicles, at stops and in stations and assistance if issues arise. And our Muni operators provide  the first line of safety for customers. While their primary responsibility is to operate their vehicles safely, they can also help address conflicts onboard when necessary and when it is safe for them to do so. In the case that it’s not possible or safe for an operator to...

New top story from Time: Netflix Defends Dave Chappelle’s Anti-Trans Remarks and Suspends a Trans Employee

https://ift.tt/3ByxX1p Netflix Inc. co-Chief Executive Officer Ted Sarandos defended the company’s decision to air a controversial Dave Chappelle comedy special featuring trans jokes as “artistic freedom.” “We don’t allow titles [on] Netflix that are designed to incite hate or violence, and we don’t believe ‘The Closer’ crosses that line,” he wrote in a memo last week obtained by Variety Monday. “Particularly in stand-up comedy, artistic freedom is obviously a very different standard of speech than we allow internally as the goals are different: entertaining people versus maintaining a respectful, productive workplace.” The company on Monday also suspended three employees who crashed an executive meeting last week, including Terra Field, a transgender worker who spoke out against the Chappelle special, according to a person familiar with the matter. [time-brightcove not-tgx=”true”] “What we object to is the harm that content like this does to the trans community (especial...