Skip to main content

New top story from Time: Facebook’s Surprise Antitrust Victory Could Inspire Congress to Overhaul the Rules Entirely

https://ift.tt/2UK7nBE

Facebook won a major victory this week when a judge dismissed two lawsuits that argued the social media giant was a monopoly. But critics of Big Tech hope the rulings will be just the leverage they need to update antitrust laws that still have legal grounding in the effort to break up Standard Oil more than a century ago.

Monday’s ruling means that Facebook, for now at least, is safe from being forced to spin out its WhatsApp and Instagram subsidiaries into separate businesses.

Facebook’s stock market valuation surged to more than $1 trillion for the first time ever as investors reacted to the news—a rise of nearly 5%.
[time-brightcove not-tgx=”true”]

But Facebook is not out of the woods yet. The court noted in its ruling that competition watchdog the Federal Trade Commission (FTC) could refile an amended complaint with more evidence within 30 days. And in Washington, bigger threats are brewing.

What did the ruling say?

The decision, by the Federal District Court in Washington, D.C., was based on its finding that the FTC had failed to make the case that Facebook has a monopoly over the social network market.

“The FTC’s complaint says almost nothing concrete on the key question of how much power Facebook actually had, and still has, in a properly defined antitrust product market,” Judge James Boasberg wrote in his ruling. “It is almost as if the agency expects the court to simply nod to the conventional wisdom that Facebook is a monopolist.”

The court also dismissed a separate lawsuit against Facebook by 48 state attorneys general, who argued that Facebook had engaged in a systematic strategy to eliminate threats to its monopoly by acquiring WhatsApp and Instagram.

Read more: The Facebook Antitrust Case Is a Vital First Step. But More Needs to Happen

“We are pleased that today’s decisions recognize the defects in the government complaints against Facebook,” a company spokesperson said in a statement. “We compete fairly every day to earn people’s time and attention and will continue to deliver great products for the people and businesses that use our services.”

A new era for antitrust?

The court’s ruling is a blow to the FTC’s case, but experts say it could lend momentum to lawmakers and Biden Administration officials who are on record as saying that current antitrust laws, which have not been used successfully against a large tech company since a case against Microsoft in 2001, are outdated.

“The decision reinforces the belief among many in Congress, both Democrats and Republicans, that current law governing conduct by dominant firms is inadequate,” says Bill Baer, President Obama’s antitrust Assistant Attorney General from 2013 to ’16. “This has already increased the momentum of efforts to alter our century-old laws against monopolization.”

“Anybody on the internet knows that Facebook has monopoly power,” Sen. Elizabeth Warren, (D-Mass.), who ran for the Democratic ticket in 2020 on a promise to break up the company, wrote on Twitter after the ruling. “They control 85% of social network traffic, bulldoze competition, and undermine our democracy. We need stronger antitrust laws to #BreakUpBigTech and finally unwind mergers like Facebook, WhatsApp, and Instagram.”

Under current antitrust laws, complainants must first define a market, then prove that a company has monopolized that market, then show that the company has abused its monopoly. The FTC called Facebook’s market “personal social networking services,” and alleged Facebook has a “60%-plus” share in that market. But the court ruled that the FTC had not provided enough evidence to back up its claim that Facebook had such a large share, calling the assertion “vague” and “too speculative.”

The FTC will have the opportunity to refile its complaint with more evidence. But critics of Big Tech in the White House and Congress want to change the rules entirely, removing some hurdles that agencies must clear in order to take action against tech giants. This, they say, would stimulate competition, allowing smaller businesses to compete on a more level playing field against the larger tech companies.

President Biden has made appointments indicating that he won’t be sympathetic to tech giants either. Earlier this month Lina Khan, a 32 year-old legal prodigy, was sworn in as Biden’s pick for FTC chairperson.

Senate Commerce Committee Considers Nominees For NASA Administrator And Federal Trade Commissioner
Photo by Saul Loeb-Pool/Getty ImagesLina Khan, then a nominee for Commissioner of the Federal Trade Commission (FTC), speaks at a Senate Committee on Commerce, Science, and Transportation confirmation hearing on Capitol Hill on April 21, 2021 in Washington, DC.

Khan first gained wide attention in her field in 2017 with the publication of a research paper in which she argued that monopolistic practices in the tech industry should not be measured by consumer price increases alone. Prices have been a conventional indicator under American law of whether monopolies are harmful since the inception of antitrust rules in the days of John D. Rockefeller’s Standard Oil.

But Khan argued that they are an outdated measure in the era of Big Tech. Amazon, for example, may offer lower prices to consumers, but only by using tactics that damage the wider economy by leveraging its market dominance—such as its privileged access to data—to crowd out competitors, Khan argued.

Read more: Lina Khan is on the 2021 TIME 100 Next

In March, Biden appointed Tim Wu, another critic of anticompetitive conduct by Big Tech companies, as his special advisor for technology and competition policy.

It’s not just the executive branch that is making moves on antitrust. Congress is also examining a clutch of new proposals that would give regulators greater powers to rein in big tech companies like Facebook, Amazon, Google and Apple. One of them seeks to beef up the FTC’s funding, allowing it to undertake more investigations into potential violations of monopoly law. The FTC’s 2021 budget of $330 million, for instance, is a fraction of that of the Securities and Exchange Commission ($1.9 billion), which regulates financial markets.

The other bills would make it easier for the government to break up anticompetitive companies and could place the burden of proof on big companies like Facebook to prove that mergers are not anticompetitive, rather than on authorities to prove that they are. One bill would force companies to make it easier for users to take their data and move it elsewhere, in a step lawmakers hope will lower the barriers to competition.

The proposals are similar in scope to others that are being drafted in the European Union and United Kingdom. The E.U.’s antitrust chief, Margrethe Vestager, has been influenced by Khan’s work, and on June 16 said, “I look very much forward to our cooperation,” raising the prospect of transatlantic collaboration toward reining in big tech.

Read more: How the E.U’s Sweeping New Regulations Against Big Tech Could Have an Impact Beyond Europe

The future of the FTC’s case against Facebook

Despite Monday’s setback, there could still be a future for the FTC’s current case against Facebook.

In Washington, Democrats and Republicans seem to be in more agreement than in many other public policy areas when it comes to tackling the outsize power of Big Tech companies, notes Baer, who is also a former FTC official. “But assuming that agreement can’t be reached on changes to antitrust laws, the judge in this case did leave the door open to the FTC to come back with greater specificity what market Facebook is accused of dominating, what its market share is in that market, and left open the possibility of proceeding with the challenge to Facebook’s prior acquisitions of WhatsApp and Instagram.”

Khan, the new FTC chair, is likely to be able to reframe the complaint in a way that will satisfy the judge, Baer says. But even if that happens within the 30 day timeline stipulated by the court, it will be a long time before any final decision is made on Facebook being forced to divest from WhatsApp or Instagram.

“If there is a new complaint and if the judge accepts it, we are still at the beginning of a years-long process,” Baer says. There will be a trial, and then almost certainly an appeals process. “This will be a very lengthy and, no doubt, a very contentious process.”

Comments

Popular posts from this blog

FOX NEWS: Pulled pork potato chip nachos: Try the recipe The inspiration for this next-level recipe started innocently enough. The result? Genius.

Pulled pork potato chip nachos: Try the recipe The inspiration for this next-level recipe started innocently enough. The result? Genius. via FOX NEWS https://ift.tt/3lsRfQ5

Telangana man pretending to be 'sadhu' rapes minor; thrashed by locals https://ift.tt/2IkpJmI

A 14-year-old girl was allegedly sexually assaulted by a man under the pretext of performing exorcism in Nizamabad district in Telangana, police said on Tuesday. As the news surfaced, a group of enraged women activists barged into the office of the man, who also reportedly runs a local newspaper, and thrashed him.

New top story from Time: At Thanksgiving, Biden Seeks Unity as Trump Stokes Fading Embers of a Campaign

https://ift.tt/3q4cU1i WILMINGTON, Del. — On a day of grace and grievance, President-elect Joe Biden summoned Americans to join in common purpose against the coronavirus pandemic and their political divisions while the man he will replace stoked the fading embers of his campaign to “turn the election over.” Biden, in a Thanksgiving-eve address to the nation, put the surging pandemic front and center, pledging to tap the “vast powers” of the federal government and to “change the course of the disease” once in office. But for that to work, he said, Americans must step up for their own safety and that of their fellow citizens. “I know the country has grown weary of the fight,” Biden said Wednesday. “We need to remember we’re at war with the virus, not with one another. Not with each other.” President Donald Trump, who has scarcely mentioned the pandemic in recent days even as it has achieved record heights, remained fixated on his election defeat. He sent his lawyer Rudy ...

SpaceX's Dragon with two astronauts successfully docks with International Space Station With test pilots Doug Hurley and Bob Behnken poised to take over manual control if necessary, the SpaceX Dragon capsule pulled up to the station and docked automatically, no assistance needed

With test pilots Doug Hurley and Bob Behnken poised to take over manual control if necessary, the SpaceX Dragon capsule pulled up to the station and docked automatically, no assistance needed from Livemint - Science https://ift.tt/3cge95r https://ift.tt/eA8V8J

New top story from Time: RushTok Is a Mesmerizing Viral Trend. It Also Amplifies Sororities’ Problems With Racism

https://ift.tt/3iZ1hHp While what goes into the curation of every TikTok user’s For You page remains a mystery , one thing has become clear—content from University of Alabama students vying for a spot at the school’s sororities has dominated the app over the last week. This trend, dubbed “RushTok” by TikTok netizens, started when sorority hopefuls began making videos of themselves and what they were wearing for “Bama Rush,” University of Alabama’s Greek recruitment week. The formula for a RushTok video is simple yet mesmerizing: state the rush day and the activity, and then name the brand of every item of clothing and accessory you’re sporting. Typical Bama Rush TikTok videos share common characteristics, including a bevy of blondes with Southern accents, hashtags of the school’s call, “Roll Tide,” and a widespread affinity for brands like Michael Kors, Shein, Steve Madden and Kendra Scott. [time-brightcove not-tgx=”true”] Perhaps it should come as no surprise that the vide...

New top story from Time: After Its Deployment in Upstate New York, Residents Raise Concerns Over Gun Violence Task Force

https://ift.tt/375f9sG In the midst of nationwide calls to move away from age-old police tactics towards incorporating more community-led responses to gun violence, one U.S. Attorney’s decision to form a task force—with the goal of taking “proactive” measures to address gun violence in two cities in New York—has drawn criticism from local residents. James P. Kennedy Jr., U.S. Attorney for the Western District of New York, announced the formation of the Violence Prevention and Elimination Response (VIPER) task force on July 7, intended to combat a recent surge of gun violence in Rochester and Buffalo, NY. Combining the work of city, state and federal agencies, VIPER’s focus is to get high-level and well-known gun offenders off the cities’ streets, Kennedy said. [time-brightcove not-tgx=”true”] Similar federal-led initiatives are rolling out across other cities in the country. Last week, the Department of Justice launched a series of firearms trafficking strike forces in “fi...

New top story from Time: COVID-19 Deaths Eclipse 700,000 in U.S. as Delta Variant Rages

https://ift.tt/3uzWYGB It’s a milestone that by all accounts didn’t have to happen this soon. The U.S. death toll from COVID-19 eclipsed 700,000 late Friday — a number greater than the population of Boston. The last 100,000 deaths occurred during a time when vaccines — which overwhelmingly prevent deaths, hospitalizations and serious illness — were available to any American over the age of 12. The milestone is deeply frustrating to doctors, public health officials and the American public, who watched a pandemic that had been easing earlier in the summer take a dark turn. Tens of millions of Americans have refused to get vaccinated, allowing the highly contagious delta variant to tear through the country and send the death toll from 600,000 to 700,000 in 3 1/2 months. [time-brightcove not-tgx=”true”] Florida suffered by far the most death of any state during that period, with the virus killing about 17,000 residents since the middle of June. Texas was second with 13,000 dea...

New top story from Time: Joe Biden Is Unmatched as America’s Grief Counselor

https://ift.tt/2PsVMnO 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. It was a few days before Christmas 2019 and Joe Biden was lingering after a campaign stop in Ottumwa, Iowa. He had been a consistent fourth-place contender in recent weeks’ polls in the lead-off state, his campaign bus looked to be skidding toward the caucuses without a steady hand on the wheel and most of the political oxygen was being huffed by what we now know was just the first impeachment of Donald Trump. But Biden was stubbornly holding out hope, his aides were trying to project calm and most of the reporters in the back of the barns, bingo halls and busses were filling notebooks with color for the What Went Wrong? stories we had all been sketching in our minds. But there in Ottumwa, when a woman went up to him after his Dec. 21 meeting and started to tell him about her 9-year-old daughter’s unsucces...

New top story from Time: Why It’s Crucial to Talk to Kids About Gender Pronouns

https://ift.tt/3fKr8kO It’s only been a week since Katherine Locke’s newest book was published, and they’ve already received messages from parents of trans and nonbinary children saying how much it spoke to them. The book, What Are Your Words? , tells the story of a kid named Ari, who is gender fluid and nonbinary and tries out different pronouns depending on how they feel on different days. Aimed at readers aged 4 to 8, the book follows Ari and his nonbinary uncle Lior as they try to figure out what words fit them. “I certainly didn’t grow up talking about pronouns that weren’t she/her, he/him, and I didn’t know how to have these conversations either,” says Locke, who released their first picture book last November and has previously written novels for young adults and adults. “It’s been really gratifying to see people embrace the book and its concepts.” [time-brightcove not-tgx=”true”] With colorful illustrations by Anne Passchier, the book emphasizes that pronouns are...

UK Covid strain 70% more infectious, could have entered India before December: Randeep Guleria https://ift.tt/3hvgb5H

It is possible that the new UK strain of coronavirus could have entered our country even before December, AIIMS director Randeep Guleria has said as he underlined that the mutant strain was first reported in Britain in September. Speaking to news agency ANI, Guleria said that the new Covid-19 strain is "more infectious" and is a matter of concern. According to him, it is 70 per cent more infectious than the existing disease.