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

Mumbai rains: Heavy waterlogging in Dadar, low-lying areas; route at Hindmata, Parel diverted https://ift.tt/30TQ9RI

Parts of Mumbai continued to receive downpour since early Monday. According to the details, transport and buses in several low-lying areas in the city were diverted, as some areas witnessed heavy waterlogging due to rains. Routes at Hindmata and Parel were also diverted. The BMC authorities had put barricades on roads and had blocked commuters due to heavy rains and waterlogging. Market areas in Dadar were waterlogged which posed a challenge for the locals. 

Delhi: 27-year-old doctor dies of COVID-19 after month-long struggle https://ift.tt/39s6hOe

After a month-long struggle, a 27-year-old doctor has succumbed to the deadly novel coronavirus at the Sir Ganga Ram Hospital (SGRH) in New Delhi. Joginder Chaudhary had been battling the infection since June 28 after he was tested positive a day earlier.

New top story from Time: Caster Semenya Is Barred From Her Best Race. But She Won’t Give Up On Tokyo.

https://ift.tt/2R9s9c0 Caster Semenya’s fight continues. In February, the South African runner filed an appeal to the European Court of Human Rights, for the right to run in the Tokyo Olympics in her preferred event: the 800-m, a race in which Semenya is the two-time defending Olympic champ. In 2018 World Athletics, the global governing body for track and field, ruled that female athletes with differences of sex development, competing in races from 400 m to the mile, must reduce natural testosterone levels through medical intervention in order to run in those races. Semenya, who was born a woman and is legally recognized as a woman, has said that from around 2010 to 2015 she took birth control pills to lower her testosterone: she said she suffered from side effects like fevers and experience abdominal pain, among other symptoms. She has since refused to take any more medication to comply with the World Athletics rules. Semenya took her case to the Court of Arbitration for...

New top story from Time: As COVID-19 Surges in South Dakota, Medical Groups Urge Masks Despite Gov. Kristi Noem’s Skepticism

https://ift.tt/2JadCcd (SIOUX FALLS, S.D.) — South Dakota’s largest medical organizations on Tuesday launched a joint effort to promote mask-wearing to prevent the spread of the coronavirus as the state suffers through one of the nation’s worst outbreaks, a move that countered Gov. Kristi Noem’s position of casting doubt on the efficacy of wearing face coverings in public. As the number of cases, hospitalizations and deaths from COVID-19 have multiplied in recent weeks, the Republican governor has tried to downplay the severity of the virus , highlighting that most people don’t die from COVID-19. Noem, who has staked out a reputation on refusing to issue any mandates to stem the virus’ spread, has repeatedly countered recommendations from the Centers for Disease Control and Prevention to wear masks in public settings. Shortly after the Department of Health reported that the number of hospitalizations from COVID-19 broke records for the third straight day on Tuesday, peop...

5 things that make Perseverance NASA's strongest and smartest Mars rover yet https://ift.tt/3hIkHN6

After eight successful Mars landings, NASA is all set for another mission with its newest rover. The spacecraft Perseverance — set for liftoff this week — is NASA’s brawniest and brainiest Martian rover yet. It sports the latest landing tech, plus the most cameras and microphones ever assembled to capture the sights and sounds of Mars. Its super-sanitized sample return tubes — for rocks that could hold evidence of past Martian life — are the cleanest items ever bound for space. A helicopter is even tagging along for an otherworldly test flight.

FOX NEWS: Crossword Puzzle of the Week: July 28 Take Fox News' Crossword Puzzle of the Week and test your knowledge of the Olympics.

Crossword Puzzle of the Week: July 28 Take Fox News' Crossword Puzzle of the Week and test your knowledge of the Olympics. via FOX NEWS https://ift.tt/3zJBKaB

New top story from Time: A Woman of Color Cannot Save Your Workplace Culture

https://ift.tt/39GFaQC “The ideal candidate would be a woman of color.” I’ve been hearing this from several hiring managers lately, and something about it wasn’t sitting well. On the one hand, workplaces are finally confronting the lack of diversity in their ranks and getting explicit and intentional about what they need to do. On the other: WTF? For decades, white managers ascended, wrote mission statements without centering equity, built teams off existing networks—and now they are ready to be inclusive? The phenomenon isn’t new. Researchers call the expectations on women of color, specifically Black women, “ superwoman schema ”; others dub it an extension of “ strong Black woman syndrome .” We cheer and tweet the heroics of women of color (from caregiving within their families to the loftier, say, saving of democracy by getting out the vote) without mentioning the toll this burden takes. [time-brightcove not-tgx=”true”] The idea of women of color now saving the modern...

New top story from Time: Why India’s Most Populous State Just Passed a Law Inspired by an Anti-Muslim Conspiracy Theory

https://ift.tt/3pZtgYR India’s most populous state, Uttar Pradesh , introduced a law outlawing so-called “Love Jihad” on Tuesday, the first of at least five states led by the Hindu nationalist Bharatiya Janata Party (BJP) that are considering new legislation targeting interfaith relationships in the world’s largest democracy. Love Jihad is a baseless conspiracy theory that Muslim men are attempting to surreptitiously shift India’s demographic balance by converting Hindu women to Islam through marriage. The narrative has been pushed by Hindu nationalist groups close to India’s ruling BJP since Prime Minister Narendra Modi was first elected in 2014. Since Modi came to power, his government has introduced several other measures that target India’s minority Muslim community. The conspiracy has received renewed attention after a Hindu woman in Haryana was murdered in October by a Muslim man who, her family said, had pressured her to convert and marry him. The new law was ...

21-year-old student jumps to death from 22nd floor of Ghaziabad highrise https://ift.tt/302bKs6

A 21-year-old man died after allegedly jumping from the 22nd floor of a residential condominium in Indirapuram locality in Ghaziabad on Monday, police said. According to police, the victim was under depression. However, no suicide note was recovered from the spot. Police said that the incident happened at one of the residential towers of Saya Zenith, a high-rise society in Ahinsa Khand II of Indirapuram. The family of the man was present at home when the incident occurred.

Covid-19 stressing you out? 8 ways you can sleep better https://ift.tt/2CNNFN2

No matter who and where you are, your circadian rhythm (the basic sleep-wake cycle or body clock) is the internal process that determines your physical, mental and behavioral changes throughout the day and night. Sleep is a critical part of this circadian rhythm and any disruption in the sleep cycle can affect your overall health. While getting sufficient sleep every night is important, many have reported difficulty in achieving it during the pandemic. A study published in 'Current Biology' in June 2020 revealed that even though people working from home during the pandemic are likely to be getting more sleep time, their sleep quality is often poor and disrupted.