A central issue in the current suit will be defining the harm posed by Facebookâs allegedly anticompetitive conduct. The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. The FTC settled a privacy investigation into that incident for $5 billion, but since the settlement value represented only 9% of Facebookâs 2018 revenue, lawmakers worried that financial penalties such as these would not sufficiently deter Facebook in the future. FTC Sues Facebook for Illegal Monopolization, Facebook Claims âRevisionist Historyâ December 14, 2020 by Brittany Siminitz It has not been a great year for Facebookâor for its reputation, at least. According to the FTCâs complaint, Facebook is the worldâs dominant personal social networking service and has monopoly power in a market for personal social networking services. âPersonal social networking is central to the lives of millions of Americans,â said Ian Conner, Director of the FTCâs Bureau of Competition. The FTC is seeking a permanent injunction in federal court that could, among other things: require divestitures of assets, including Instagram and WhatsApp; prohibit Facebook from imposing anticompetitive conditions on software developers; and require Facebook to seek prior notice and approval for future mergers and acquisitions. According to the FTC, Facebookâs conduct prevents the emergence of potentially innovative social media, thereby reducing the range of services available to consumers. As for advertisers, the FTC lists the quantity of users to whom these advertisers could market their products, lowered advertising prices, innovation, quality, and choice among the benefits that may be forfeited due to Facebookâs anticompetitive conduct. Participating Attorneys General include: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. As noted by Forbes, Microsoftâs stock fell 14% when it lost its first antitrust suit, and did not recover for approximately fifteen years. @ChanceHMiller. The agency also wants Amazon to forfeit any money it made on those purchases, since Amazon gets a 30 percent cut. If the FTC prevails, it may well portend âa new era of antitrust enforcement.â If it loses, however, the precedent created may make it even harder to successfully pursue antitrust claims in the future. The complaint alleges that Facebook executives, including CEO Mark Zuckerberg, quickly recognized that Instagram was a vibrant and innovative personal social network and an existential threat to Facebookâs monopoly power. âFacebook has kept WhatsApp cabined to providing mobile messaging services rather than allowing WhatsApp to become a competing personal social networking provider, and has limited promotion of WhatsApp in the United States,â the FTC states in another partially redacted portion of the lawsuit. The Federal Trade Commission (âFTCâ) has sued Facebook for anticompetitive conduct under Section 2 of the Sherman Act, which prohibits improper monopolization of a market. More than 40 attorneys general ultimately signed onto Wednesday's complaint. From 'Galaxy Quest' to F-bombs: A year of video conference mishaps. The FTC began an antitrust investigation into Facebook in June 2019, as it rounded off a separate probe into the company over privacy violations related to ⦠ This unmatched position has provided Facebook with staggering profits. 283 3 minutes read. The Federal Trade Commission (FTC) and 45 other states sued Facebook for alleged anti-competitive behaviour in December. Chance Miller. In response, according to the complaint, Facebook shut down the API that would have allowed Vine to access friends via Facebook. 1910134 (FTC Dec. 9, 2020). Our aim is to roll back Facebookâs anticompetitive conduct and restore competition so that innovation and free competition can thrive.â, Video by Ian Conner, Director of the Bureau of Competition Download MP4 (11.43 MB)Statement by Ian Conner, Director of the Bureau of Competition. WASHINGTONâThe Federal Trade Commission and 46 states sued Facebook Inc. on Wednesday, accusing the social-media giant of buying and freezing out small startups to choke competition. On Wednesday, the Federal Trade Commission (FTC) filed an opposition to Facebookâs motion to dismiss the FTCâs antitrust lawsuit against the tech giant. Alabama, Georgia, South ⦠According to the FTC, this harm is borne by both consumers and advertisers. Either way, this case will leave long lasting impacts. The FTC also claims that as a result of Facebookâs conduct, advertisers are restricted to targeting fewer social media platforms, which harms their revenue. This lawsuit is the result of ⦠In this suit, by contrast, the FTC seeks to enjoin Facebook from some of the very practices responsible for its dominance - arguably, a much more significant threat to the company. 346. For example, in 2013, Twitter launched the app Vine, which allowed users to shoot and share short video segments. According to the FTCâs complaint, Facebook targeted potential competitive threats to its dominance. 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The complaint alleges that, by 2012, WhatsApp had emerged as the clear global âcategory leaderâ in mobile messaging. The lawsuit follows an investigation by the FTCâs Technology Enforcement Division, whose staff cooperated closely with a coalition of attorneys general, under the coordination of the New York State Office of the Attorney General. Facebook also faces a lawsuit from dozens of attorneys general who claim it ⦠The lawsuit comes after a lengthy investigation in cooperation with a coalition of attorneys general of 46 states, the District of Columbia, and Guam. FTC Lawsuit against Facebook explained. In support of this claim, the FTC cites Facebookâs 2012 acquisition of Instagram, its 2014 acquisition of WhatsApp, its API access restrictions, and the way these actions have allegedly harmed Facebookâs competition. In particular, Facebook allegedly has made key APIs available to third-party applications only on the condition that they refrain from developing competing functionalities, and from connecting with or promoting other social networking services. Lawmakers have long been concerned with the harms borne by consumers when monopolies dominate an industry and lose their incentive to compete for market share. Shortly after, the FTC began investigating whether Facebook violated laws intended to promote competition. In its complaint against Facebook, the FTC had used 13(b) to seek an injunction, but not necessarily money.  You can learn more about how competition benefits consumers or file an antitrust complaint. Last year alone, Facebook generated revenues of more than $70 billion and profits of more than $18.5 billion. Over the years, the FTC has brought numerous cases under these statutes, including several high-profile decisions which have been widely noted in the press. Harvard Law SchoolWasserstein Hall, Suite 30501585 Massachusetts AveCambridge, MA 02138, Copyright © 2021 Harvard Journal of Law and Technology. But while consumers and advertisers might possibly benefit if the FTC prevails, others are concerned about the negative consequences that investors and entrepreneurs might face. Echoing these concerns, the FTC asserts in its suit that Facebook âexploits a rich set of data about usersâ activities, interests, and affiliations.â Such concerns previously came to a head during the Cambridge Analytica scandal of 2019. The FTC has a pair of options if it sues Facebook: It could bring a case in federal court or it could file a complaint in its in-house legal system, where the ⦠FTC v. Facebook, Inc., File No. Brent Mobbs is a 1L at Harvard Law School. Alex Maged is a 3L at Harvard Law School. The Federal Trade Commission works to promote competition, and protect and educate consumers. Following a lengthy investigation in cooperation with a coalition of attorneys general of 46 states, the District of Columbia, and Guam, the complaint alleges that Facebook has engaged in a systematic strategyâincluding its 2012 acquisition of up-and-coming rival Instagram, its 2014 acquisition of the mobile messaging app WhatsApp, and the imposition of anticompetitive conditions on software developersâto eliminate threats to its monopoly. In particular, the complaint alleges that Facebookâs leadership understoodâand fearedâthat a successful mobile messaging app could enter the personal social networking market, either by adding new features or by spinning off a standalone personal social networking app. NOTE: The Commission issues a complaint when it has âreason to believeâ that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. Tech for the People December 12, 2020. The FTC also can sue companies in its in-house administrative court but chose to file the Facebook case in federal court where a group of states also sued the company. The Sherman Antitrust Act of 1890 and the Clayton Antitrust Act of 1914 provide most substantive antitrust law, while the Federal Trade Commission Act of 1914 designates the FTC as the governmental agency responsible for enforcing these laws. Three statutes, all passed around the turn of the previous century, serve to prevent this scenario by ensuring fair competition across the economy. The complaint alleges that Facebook has enforced these policies by cutting off API access to blunt perceived competitive threats from rival personal social networking services, mobile messaging apps, and other apps with social functionalities. Moreover, Iain Murray of Fortune points out that many entrepreneurs create startups with the express hope of being bought out by companies like Facebook. Facebookâs acquisition of Instagram for $1 billion in April 2012 allegedly both neutralizes the direct threat posed by Instagram and makes it more difficult for another personal social networking competitor to gain scale. U.S. competition enforcers are preparing a possible antitrust lawsuit against Facebook Inc., according to a person familiar with the matter. âFacebookâs actions to entrench and maintain its monopoly deny consumers the benefits of competition. Not surprisingly, Amazon is not happy with the suit. According to the lawsuit filed today, the FTC alleges Facebook is âillegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conductâ. Consumers, the FTC claims, are harmed by Facebookâs conduct because competition would propel innovation, improve quality of service, and, vitally, increase consumer choice among services. In a recent filing, Facebook noted that the Supreme Court unanimously ruled earlier in April that the FTC does not have power under a provision known as 13(b) to go to court to try to force defendants to pay back money..
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