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

New top story from Time: R. Kelly Found Guilty in Sex Trafficking Trial

https://ift.tt/3kMSmKc (NEW YORK) — The R&B superstar R. Kelly was convicted Monday in a sex trafficking trial after decades of avoiding criminal responsibility for numerous allegations of misconduct with young women and children. A jury of seven men and five women found Kelly guilty of racketeering on their second day of deliberations. The charges were based on an argument that the entourage of managers and aides who helped the singer meet girls—and keep them obedient and quiet—amounted to a criminal enterprise. Read more: A Full Timeline of Sexual Abuse Allegations Against R. Kelly [time-brightcove not-tgx=”true”] Several accusers testified in lurid detail during the trial, alleging that Kelly subjected them to perverse and sadistic whims when they were underage. For years, the public and news media seemed to be more amused than horrified by allegations of inappropriate relationships with minors, starting with Kelly’s illegal marriage to the R&B phenom Aaliya...

New top story from Time: 2021 Could Be the Biggest Wedding Year Ever. But Are Guests Ready to Gather?

https://ift.tt/3wC3WKU I was supposed to get married in September. Well, technically, as my husband would be quick to correct me, I did get legally married in September 2020 in the courtyard of our New York City apartment building in front of our parents, a handful of friends who lived nearby and a naked guy standing in the window of the building next door, who, I am told, cheered when we recessed. The 13 people in attendance wore masks I’d ordered with our wedding date printed on them, sat in distanced lawn chairs and sipped gazpacho I’d blended and individually bottled that morning in a frenzy of health-safety panic. [time-brightcove not-tgx=”true”] This was not the wedding of 220 people that we had originally planned. A few months into the pandemic, we made the call to delay our big celebration until 2021. We were hardly alone. In a typical year, Americans throw 2 million weddings, according to wedding website the Knot. Last year, about 1 million couples in the U.S. post...

New top story from Time: Top U.S. General Foresees Afghan Civil War as Security Worsens

https://ift.tt/3ycQZbv KABUL, Afghanistan — The U.S.’s top general in Afghanistan on Tuesday gave a sobering assessment of the country’s deteriorating security situation as America winds down its so-called “forever war.” Gen. Austin S. Miller said the rapid loss of districts around the country to the Taliban — several with significant strategic value — is worrisome. He also cautioned that the militias deployed to help the beleaguered national security forces could lead the country into civil war. “A civil war is certainly a path that can be visualized if this continues on the trajectory it’s on right now, that should be of concern to the world,” he said. [time-brightcove not-tgx=”true”] Miller also told a small group of reporters in the Afghan capital that for now he has the weapons and the capability to aid Afghanistan’s National Defense and Security Forces. “What I don’t want to do is speculate what that (support) looks like in the future,” he said. In meetings at the...

New top story from Time: A COVID Outbreak Sparked by Partying Teens Leads to 5,000 Being Quarantined in Spain

https://ift.tt/2UJaeL7 MADRID — Almost 5,000 people are in quarantine after vacationing high school students triggered a major COVID-19 outbreak on the Mediterranean island of Mallorca, a senior official said Monday. Authorities have confirmed almost 1,200 positive cases from the outbreak, Spain’s emergency health response coordinator, Fernando Simón said. The partying teens celebrating the end of their university entrance exams last week created a “perfect breeding ground” for the virus as they mixed with others from around Spain and abroad, Simón told a news conference. Mallorca health authorities carried out mass testing on hundreds of students after the outbreak became clear. It is believed to have spread as hundreds of partying students gathered at a concert and street parties. Officials have so far traced 5,126 travelers to Mallorca. More than 900 COVID-19 cases in eight regions across mainland Spain have been traced back to the outbreak. Scores of infected teens are...

How to Pay for Parking at The City's New Multi-Space Paystations

How to Pay for Parking at The City's New Multi-Space Paystations By Pamela Johnson One of San Francisco's new paystations as the city moves away from its aging parking meters. How drivers pay for street parking in San Francisco continues to evolve. In March 2022, the San Francisco Municipal Transportation Agency (SFMTA) began the Citywide Parking Meter Replacement Project to replace San Francisco's aging 27,000 parking meters. Half of the parking meters will be replaced with new single-space meters and the other half with multi-space paystations that use a brand-new pay-by-license-plate system. The project is expected to be completed by the end of 2024.  San Francisco uses paid parking to create curb availability in commercial districts and high-demand neighborhoods. When parking meters are in operation, drivers spend less time circling the block looking for a space. Less circling means less congestion and fewer greenhouse gas emissions.   To help drivers use the new m...

New top story from Time: A’Ziah ‘Zola’ King on Making an Authentic Film Adaptation of Her Viral Story—and What Comes Next

https://ift.tt/3qrYOHB A’Ziah “Zola” King is well aware that her storytelling is exceptional. For the uninitiated, a brief summary: in 2015, at the age of 19, Zola chronicled a (mostly) true tale of epic proportions in a 148-tweet thread that began with a blossoming friendship and a road trip to a strip club in Florida and ended in a shootout. The thread, compelling in its easy humor and wit yet ultimately chilling in the harsh realities it depicted (among them, sex trafficking and gun violence), captivated the Internet and was subsequently dubbed #TheStory online, going viral before going viral was a commonplace occurrence. Zola’s legacy online is significant—her grand tweet thread is largely credited with inspiring Twitter to create official Twitter threads, an easy way to link tweets together for more comprehensive storytelling, while her brief, cheeky turns-of-phrase, meted out in the limited characters of a tweet (“vibing over our hoe-ism” and “pussy is worth thousands”...

New top story from Time: Ireland Abandons 12.5% Tax Pledge as Global Deal Races to Finish

https://ift.tt/3iFmrts Ireland is ready to sign up to a proposed global agreement for a minimum tax on companies, a climbdown that removes one hurdle to an unprecedented deal that would reshape the landscape for multinationals. On the eve of a key meeting between 140 countries hosted by the Organization for Economic Cooperation and Development, the Irish government said it will join the push for a floor of 15% levied on profits of corporate entities. “This agreement is a balance between our tax competitiveness and our broader place in the world,” Irish Finance Minister Paschal Donohoe said in a statement Thursday evening announcing the pledge. The decision “will ensure that Ireland is part of the solution in respect to the future international tax framework.” [time-brightcove not-tgx=”true”] The rate agreed is 2.5 percentage points higher than the longstanding level that has been a pillar of Ireland’s economic model for a generation, underscoring its huge symbolic signifi...

New top story from Time: How Liberal White America Turned Its Back on James Baldwin in the 1960s

https://ift.tt/2QBsNzv In discussions about race relations today, the works of James Baldwin continue to speak to the present, even decades after they were written. So it is worth remembering that, at the very height of his influence, Baldwin experienced the same frustration that some Black activists, particularly on campus, feel about white liberals today: their refusal to acknowledge their complicity in the regime of white supremacy. In Baldwin’s case, the liberal backlash was widespread, and effectively marginalized him for a time. The very first piece on the front page of the very first issue of The New York Review of Books , Feb. 1, 1963, was a review of Baldwin’s The Fire Next Time by F. W. Dupee of the Columbia English department. Dupee (a former Communist Party organizer) took exception to Baldwin’s apocalyptic tone. “Do I really want to be integrated into a burning house?” Baldwin had written. The answer, Dupee wrote, is that “[s]ince you have no other, yes; and t...

New top story from Time: I Left Poverty After Writing ‘Maid.’ But Poverty Never Left Me

https://ift.tt/3kXte3r I signed my first book contract without paying much attention to what it said. I didn’t know at the time that the book would be a best seller or that it would one day inspire a Netflix series . I just needed the money. I was a single mom with a 2-year-old and a 9-year-old, living in low-income housing, and because of a late paycheck, I hadn’t eaten much for a few weeks, subsisting on pizza I paid for with a check I knew would bounce. This wasn’t my first bout of hunger. I had been on food stamps and several other kinds of government assistance since finding out I was pregnant with my older child. My life as a mother had been one of skipping meals, always saving the “good” food, like fresh fruit, for the kids I told myself deserved it more than I did. The apartment was my saving grace. Housing security, after being homeless and forced to move more than a dozen times, was what I needed the most. Hunger I was O.K. with, but the fear of losing the home wher...

New top story from Time: Good Intentions Are Not Enough. We Must Reset for a Fairer Future

https://ift.tt/3usi2im We need a reset. We know we have racism, sexism, ableism, homophobia, and additional forms of bias and discrimination built into our workplaces, our schools, our medical care and all our institutions. We know it is systemic and harmful. In the tech industry , its products are harming our brains, our self-worth, our values, our pandemic response, our children and our society. Social media platforms are enabling and amplifying white supremacy and other forms of hate for profit. Workers are struggling to make a living wage while CEO billionaires work them harder, pay them less, create poor working environments and hoard ill-gotten profits. In politics, we are witnessing attacks on voting rights , abortion and housing; in schools and universities, teaching racism and science are under threat. In hospitals, Black, Latinx and Southeast Asian workers hold the front line while their communities get less access and worse care. [time-brightcove not-tgx=”true”] ...