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

Muni Drivers Prove the Perfect Muse for this San Francisco Artist

Muni Drivers Prove the Perfect Muse for this San Francisco Artist By Jonathan Streeter Muni has long been an enjoyable part of artist Kurt Schwartzmann's life, riding the bus to work, to school and as a sightseer.  Kurt — utilizing his monthly pass  — has ridden countless trains and buses and befriended several operators. Taking the time to learn their names and stories, Kurt envisions both the reality and the dream of navigating a bus through San Francisco streets. Pointing to an image he created (see above photo far right), Kurt noted, "I drew an escape hatch for this driver, so he could get away when he needed a break."  In fact, Kurt’s website " Yellow Line Art ," is named in honor of the demarcation at vehicle entrances behind which passengers are asked to stand.  "Conversation welcome but cannot interfere with safe operation of the bus," has real meaning for Kurt, who sees the yellow line not a...

FOX NEWS: Teacher catches mother bear and cub playing on school playground Even bears like to play.

Teacher catches mother bear and cub playing on school playground Even bears like to play. via FOX NEWS https://ift.tt/3ATd0he

New top story from Time: Indian Journalist Acquitted of Defamation After Accusing Former Boss of Sexual Harassment

https://ift.tt/3s5d34Q (NEW DELHI) — A New Delhi court on Wednesday acquitted a journalist of criminal defamation after she accused a former editor-turned-politician and junior external affairs minister of sexual harassment. M.J. Akbar , now 70, filed a case against journalist Priya Ramani in October 2018, denying the allegations as “false, baseless and wild.” Ramani was the first to accuse Akbar of harassment, spurring more than 20 women to come forward and allege similar accusations during his previous career as one of the country’s most prominent news editors. A few days later, Akbar resigned from his post as a junior external affairs minister in 2018, becoming one of the most powerful men to step down in India’s #MeToo movement at the time. On Wednesday, the court said “even a man of social status can be a sexual harasser,” and that the “right of reputation can’t be protected at the cost of right to dignity,” according to the legal news website Bar and Bench. The st...

Van Ness Improvement Project Nears Completion

Van Ness Improvement Project Nears Completion By Nehama Rogozen After years of planning and construction, work on the Van Ness Improvement Project is progressing rapidly and the end is in sight! Construction is projected to be finished by the end of this year, with Bus Rapid Transit (BRT) service running on Van Ness Avenue from Mission to Lombard beginning in early 2022. Work on the red transit lanes between Broadway and Pacific is almost complete. Crews have been busy on Van Ness Avenue. You may have noticed them building new medians and sidewalks, paving the roadway and installing poles that provide lighting and power to the BRT system. Most recently they have installed the red lanes that will allow buses to move Muni and Golden Gate Transit riders quickly along the corridor, without getting stuck in traffic. To ensure durability and reduce fading, these red transit lanes are made from poured red concrete, as opposed to red paint or thermoplastic on top of concrete. We are als...

New top story from Time: “It’s Not Just About Shots.” Judith McKenna, Walmart International CEO, Talks Vaccination Rollout

https://ift.tt/3w38j2i (Miss this week’s Leadership Brief? This interview below was delivered to the inbox of Leadership Brief subscribers on Sunday morning, March 28; to receive weekly emails of conversations with the world’s top CEOs and business decisionmakers, click here .) Doug McMillon ‘s last job before the CEO slot at Walmart was running its international division. That position is currently held by Judith McKenna. It’s a really big job. McKenna, as CEO of Walmart International, is responsible for 5,141 stores in 23 countries—from Costa Rica to India to China—staffed by nearly 550,000 employees. In addition, she is responsible for Walmart’s global sourcing operation, arranging for the purchase and delivery of the goods that contributed to Walmart’s $ 559 billion in revenue last year. In a recent video conversation from her office at Walmart’s Bentonville, Ark., headquarters, McKenna discussed Walmart’s vaccination efforts and the country with the fastest delive...

New Express Service Comes to the 1 California

New Express Service Comes to the 1 California By Melissa Culross Newly painted Muni flag stop indicating the pilot 1X California Express Beginning February 21, 2023, a pilot program will offer express bus service on the new 1X California Express between the Richmond neighborhood and the Financial District. The SFMTA plays a significant role in San Francisco’s economic recovery, and this pilot that serves downtown is part of that.  We have been working on improving travel time and reliability over the last several years. Travel times are now 11% quicker on the 1 California thanks to new transit lanes on California, Clay and Sacramento streets. But our work is not done on the corridor! The new 1X California express will provide another option for riders to zoom from the inner Richmond into and out of downtown even faster. We also expect this service to ease crowding on the 1 California as more people head back to the office.  Three morning 1X California Express buses will ...

New top story from Time: Facebook Blocks Australians From Viewing and Sharing News

https://ift.tt/3bbjMTQ (CANBERRA, Australia) — Facebook announced Thursday it has blocked Australians from viewing and sharing news on the platform because of proposed laws in the country to make digital giants pay for journalism. Australian publishers can continue to publish news content on Facebook, but links and posts can’t be viewed or shared by Australian audiences, the U.S.-based company said in a statement. Australian users cannot share Australian or international news. International users outside Australia also cannot share Australian news. “The proposed law fundamentally misunderstands the relationship between our platform and publishers who use it to share news content,” Facebook regional managing director William Easton said. “It has left us facing a stark choice: attempt to comply with a law that ignores the realities of this relationship, or stop allowing news content on our services in Australia. With a heavy heart, we are choosing the latter,” Easton add...

New top story from Time: U.S. Life Expectancy Drops By a Year Due to COVID-19 Deaths

https://ift.tt/3awpoZJ Life expectancy in the United States dropped a staggering one year during the first half of 2020 as the coronavirus pandemic caused its first wave of deaths, health officials are reporting. Minorities suffered the biggest impact, with Black Americans losing nearly three years and Hispanics, nearly two years, according to preliminary estimates Thursday from the Centers for Disease Control and Prevention. “This is a huge decline,” said Robert Anderson, who oversees the numbers for the CDC. “You have to go back to World War II, the 1940s, to find a decline like this.” Other health experts say it shows the profound impact of COVID-19, not just on deaths directly due to infection but also from heart disease, cancer and other conditions. “What is really quite striking in these numbers is that they only reflect the first half of the year … I would expect that these numbers would only get worse,” said Dr. Kirsten Bibbins-Domingo, a health equity researche...

New top story from Time: TIME Announces Changes to Editorial Leadership Structure To Further Subscriptions and Digital Transformation

https://ift.tt/3oMmwxb Time Editor-in-Chief and CEO Edward Felsenthal and Deputy Editor Sam Jacobs sent the following note to staff Monday. Dear all, It’s remarkable what we’ve been able to accomplish together while navigating the many global crises of this past year. In the face of tremendous challenges, professional and personal, your support for each other and the collective focus on the humanity of the stories we tell has helped move TIME forward. Our journalism has never been more relevant, from our coverage of the historic events of 2020 to the recent “Climate Is Everything” project, the launch of TIME Business and May’s powerful Equity project led by TIME’s BIPOC journalists. TIME100 Talks and our virtual summits have showcased memorable conversations and artists. In little more than a year, TIME Studios, in partnership with so many of you, has transformed from an idea to an industry force. The incredible work of this team as we pivot through the pandemic is tes...

New top story from Time: As Bannon Bucks Subpoena, Trump Fights Power of Jan. 6 Probe

https://ift.tt/3iMB2mS For months, the House select committee investigating the Jan. 6 insurrection has waited to hear from the people closest to Donald Trump to shed light on what the former President was doing as hundreds of his supporters stormed the U.S. Capitol. On Thursday at midnight, his longtime advisor Stephen Bannon blew past his subpoena deadline to submit documents to the probe, delivering a setback to the beleaguered committee and teeing up a potential long legal battle to come. On Sept. 23, the committee gave Bannon and Trump’s former deputy chief of staff Dan Scavino, former Chief of Staff Mark Meadows and Pentagon official Kash Patel an Oct. 7 deadline to respond to subpoena letters asking them to appear for depositions and provide materials relevant to its investigation. [time-brightcove not-tgx=”true”] Bannon has “indicated that he will try to hide behind vague references to privileges of the former President,” according to a joint statement issued on Fri...