[HN Gopher] UK competition regulator finds Adobe's purchase of F...
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       UK competition regulator finds Adobe's purchase of Figma could
       reduce innovation
        
       Author : saulr
       Score  : 151 points
       Date   : 2023-06-30 10:56 UTC (12 hours ago)
        
 (HTM) web link (www.gov.uk)
 (TXT) w3m dump (www.gov.uk)
        
       | Pete-Codes wrote:
       | How does it work if the UK blocks it and the rest of the world
       | doesn't?
        
         | daveoc64 wrote:
         | If an activity has been blocked in one country, the options
         | are:
         | 
         | 1) Cancel the merger/acquisition completely.
         | 
         | 2) Work out some sort of mitigation with the country.
         | 
         | 3) Spin off/discontinue business in that country.
        
           | pcurve wrote:
           | Is there a similar precedent for 3)?
        
         | RadiozRadioz wrote:
         | Possibly a spinoff organization like Figma UK Operations LTD
         | that handles the UK business separately from Adobe.
        
           | bsimpson wrote:
           | And what, buys/sells from merged AdobeFigma?
        
             | [deleted]
        
       | rvz wrote:
       | Unsurprisingly. [0]
       | 
       | Did people here really think that the regulators are going to
       | allow this merger to happen?
       | 
       | Adobe might as well pay the $1BN break up fee and the Figma will
       | just use that to fund their IPO.
       | 
       | [0] https://news.ycombinator.com/item?id=33919862
        
         | edgyquant wrote:
         | I did not want this to go through, but totally expected it
         | since I'm in the US and until a few months ago it seemed our
         | regulators no longer cared about monopolies
        
         | pavlov wrote:
         | Figma has about $500M annual revenue, AFAICT.
         | 
         | In the current environment, money-losing software companies
         | aren't exactly hot. The valuation from an IPO would be
         | extremely disappointing for investors compared to the $20
         | billion Adobe is paying. A price/sales multiple of 10x would be
         | generous, and that would be a $5B valuation.
        
           | drumhead wrote:
           | Adobe's actually done investors a favour and made a realistic
           | enterprise valuation of the company for everyone. If it's
           | worth $20bn to them then it's not likely to float for $5bn.
           | They clearly think there's value there or some kind of
           | competitive advantage that makes the company worth that much.
        
             | pavlov wrote:
             | The problem is that the company is worth $20 billion only
             | to Adobe.
             | 
             | And that explains why antitrust authorities around the
             | world are interested in this deal: that kind of discrepancy
             | suggests a market distortion in progress.
        
               | drumhead wrote:
               | What about Adobe's competitors? It's not going to be
               | worth that much less to them either
        
               | pavlov wrote:
               | Which competitors? I can't think of anybody but Adobe who
               | would pay a premium for Figma.
               | 
               | It doesn't fit in Autodesk's portfolio, and their
               | acquisition activity tends to be frugal.
        
               | mattkevan wrote:
               | XD proved that Adobe doesn't really care about the UX/UI
               | design sector - Figma's worth 20bn to Adobe to kneecap a
               | potentially existential threat.
        
       | lhnz wrote:
       | On the contrary, the ability for startups to be purchased by
       | larger companies is the majority of the financial incentive
       | towards creating startups. If competition regulators prohibit
       | these transactions, it will harm the startup ecosystem and reduce
       | innovation.
        
         | mattkevan wrote:
         | Or they could have focused on building a sustainable company
         | that made a profit from the start and didn't use VC money to
         | essentially give the product away for free.
         | 
         | I was really unhappy about switching my design team to Figma
         | because their only ways forward are to either IPO or get
         | purchased, with all the pain they involve. Or worse, if they
         | actually have to start making a profit, then prices will be
         | raised immensely and features will be diminished.
         | 
         | None of those things lead to a stable platform to base on
         | potentially years of work.
        
           | etblg wrote:
           | Out of curiosity, what were the alternatives to Figma you
           | were looking at and were more in favour of?
        
             | mattkevan wrote:
             | Sketch doesn't have all the features of Figma, but it is
             | backed by a sustainable company who haven't taken on vast
             | amounts of funding.
             | 
             | We really needed the real-time collaboration features,
             | which Sketch didn't have at that time so we went with
             | Figma. I was concerned that it only had a couple of years
             | left in its current state, which sadly seems to be true.
             | 
             | Penpot is an interesting upcoming alternative, though it's
             | not ready for prime-time yet.
        
         | barnabee wrote:
         | This argument makes absolutely no sense to me.
         | 
         | The large tech acquirers have extremely high market valuations
         | partly because of the expectation that they continue to get
         | away with doing exactly this.
         | 
         | If we had more competent competition regulators and this sort
         | of acquisition was basically not on the cards at all, ever,
         | once a company reaches a certain size then that value would
         | stay in the innovating startups until they IPO or are acquired
         | by a smaller, less predatory/monopolistic company. Either way
         | there's still an attractive exit.
         | 
         | We need to stop inventing reasons to tolerate and justify this
         | behaviour that is clearly bad for society and start pushing for
         | a more diverse tech ecosystem with proper antitrust
         | enforcement.
        
           | spacebanana7 wrote:
           | > This argument makes absolutely no sense to me.
           | 
           | There are some business models where acquisition is the only
           | viable way to make money.
           | 
           | Deepmind, Shazam, and Giphy were largely valuable because
           | they create value for other big tech companies with respect
           | to customer acquisition, market positioning and intellectual
           | property. These companies had limited ability to make profits
           | on their own.
           | 
           | One can still argue though that such acquisitions are still
           | against the public interest even if they're helpful to a
           | class of startups.
        
             | fauigerzigerk wrote:
             | _> There are some business models where acquisition is the
             | only viable way to make money._
             | 
             | Maybe so, but blocking a dominant company from buying out
             | its closest competitor is not quite the same thing as
             | banning all acquisitions.
        
             | manderley wrote:
             | Seems like companies that could have made money through
             | licensing their product instead of being bought out?
        
               | spacebanana7 wrote:
               | The licensing would need to be exclusive and long term,
               | otherwise the big tech companies would've (and should've)
               | feared the risks of being deeply integrated and dependent
               | on a third party.
               | 
               | Google would never have allowed a third party to use
               | search results as training data, for example. Shazam
               | might've had more flexibility unless Apple wanted to link
               | it with customer data.
               | 
               | Exclusive long term licensing is effectively acquisition
               | by another name.
        
         | M2Ys4U wrote:
         | >reduce innovation
         | 
         | Maybe the real innovation that we need is how to create
         | companies that are designed to operate indefinitely as a going
         | concern, breaking even or turning a profit without the _need_
         | for an  "exit" event.
         | 
         | Let's work on business fundamentals that aren't three financial
         | engineering schemes in a trenchcoat, for once.
        
           | lotsofpulp wrote:
           | Nature does not allow for solving anything "indefinitely".
           | 
           | Restricting owners from being able to sell is an idea,
           | although not sure it has enough merit, since society can
           | benefit from businesses being able to be acquired. Perhaps
           | the pendulum has tilted too far, or technology makes
           | economies of scale too good to compete against.
        
       | fortenforge wrote:
       | If you make it harder for startups to achieve profitable exits
       | does that incentivize or disincentivize innovation?
        
         | pcurve wrote:
         | In my person opinion, in the grand scheme of things, the impact
         | on innovation in this particular case is negligible because
         | only under exceptional circumstance, anti trust regulators
         | intervene to block a merger of a startup.
         | 
         | If it becomes more of a common occurrence, I agree it could
         | stifle innovation.
        
       | [deleted]
        
       | hiidrew wrote:
       | I love figma, dislike the merger. Have hopes for this open source
       | alternative https://penpot.app/.
        
       | GenerWork wrote:
       | Interesting. Right now Figma is THE standard for UX design. It
       | completely blew Sketch away thanks to Covid. I really haven't
       | heard UX designers talk about going back to Sketch or any other
       | program, in fact I've only heard multiple people talk about how
       | Figma is just getting better with their new update (especially
       | around prototyping). Personally, I'm not a fan of Adobe, but it
       | seems like there's a lot of UX designers who simply don't care if
       | Adobe buys them or not.
        
         | elforce002 wrote:
         | Until they find Figma will either disappear or get more
         | expensive under adobe.
        
           | southwesterly wrote:
           | They'll just add it to their subscription service.
           | 
           | And probably rename it Figma XD Max Pro.
        
       | have_faith wrote:
       | I think many Figma users are concerned with Adobe's purchase of
       | Figma. I've already removed Adobe products twice from my life
       | (professional and personal) and would prefer to not have to do it
       | again.
       | 
       | That said, I can't see the acquisition being a problem for
       | competition in this particular space. It's not hard to imagine
       | someone just making figma-but-different and becoming the next big
       | thing. There are also countless other existing options.
        
         | safety1st wrote:
         | Like what? In my neck of the woods, everyone uses Figma, XD or
         | Sketch.
        
           | southwesterly wrote:
           | https://penpot.app/
        
         | karaterobot wrote:
         | It would be very hard to build a product from scratch that
         | competed with Figma. Even if you just straight-up stole all
         | their product choices, features and UX and so on, the
         | engineering under the hood seems pretty high level. Anything is
         | possible, but it would not be trivial.
        
           | danielmarkbruce wrote:
           | Figma started in 2016 and competed against giant companies
           | (like Adobe) who had been around for decades, and did
           | extremely well. The competition in this space is never
           | ending. They just keep coming. The competition regulators
           | seem to consistently misunderstand the industries they are
           | regulating.
        
       | drumhead wrote:
       | I wonder if Adobe will respond by saying the UK isnt a good place
       | to invest in as well.
        
       | karaterobot wrote:
       | They were losing the battle for the design software market, so
       | they bought the competition. The less innovative company bought
       | the more innovative company. Of course it would reduce
       | innovation.
        
         | rvense wrote:
         | They did this before with at least Aldus and Macromedia.
        
         | danielmarkbruce wrote:
         | Some people argue this acquisition opens the door for a new
         | company to make another, newer, better version of Figma because
         | Adobe could screw it up.
         | 
         | Ie, they are driving innovation by killing the leader.
        
       | oli5679 wrote:
       | I interned at the CMA in 2014 and had several friends working on
       | merger control.
       | 
       | This [1] page has more details on the case, and has an invitation
       | to comment at the bottom. In my experience, detailed comments
       | from relevant industry participants, e.g. customers, competitors,
       | are given serious weight and consideration, and very few are
       | supplied. It's a useful mechanism for those concerned about a
       | tech merger.
       | 
       | "Invitation to comment: closes on 18 May 2023 3 May 2023: The
       | Competition and Markets Authority (CMA) is considering whether it
       | is or may be the case that this transaction if carried into
       | effect, will result in the creation of a relevant merger
       | situation under the merger provisions of the Enterprise Act 2002
       | and, if so, whether the creation of that situation may be
       | expected to result, in a substantial lessening of competition
       | within any market or markets in the United Kingdom for goods or
       | services.
       | 
       | To assist it with this assessment, the CMA invites comments on
       | the transaction from any interested party.
       | 
       | These comments should be provided by the deadline set out above.
       | 
       | Contact Please send written representations about any competition
       | issues to:
       | 
       | xxxx@cma.gov.uk"
       | 
       | Other cases can be found here [2].
       | 
       | [1] https://www.gov.uk/cma-cases/adobe-slash-figma-merger-
       | inquir...
       | 
       | [2] https://www.gov.uk/cma-
       | cases?case_type%5B%5D=mergers&market_...
        
         | ClumsyPilot wrote:
         | Thank you, I've provided some feedback.
        
           | hfkwer wrote:
           | You're about a month and a half too late. The request for
           | comments ended on May 18.
        
             | ClumsyPilot wrote:
             | oh dear
        
       | mercurialsolo wrote:
       | I would love to see an independent alternative to the Adobe
       | menace
        
         | bannedbybros wrote:
         | [dead]
        
       | tuukkah wrote:
       | The way out: https://penpot.app/
        
         | DHPersonal wrote:
         | Sketch exists, too. https://www.sketch.com/
        
         | [deleted]
        
         | v3ss0n wrote:
         | It's opensource but performance wise is really bad due to SVG
         | instead of webgl.
        
       | crest wrote:
       | I'm sure it will produce innovative business practices inflicted
       | on a captive userbase.
        
       | floomk wrote:
       | If you want to talk about reducing innovation then have a look at
       | Apple's walled garden. They're preventing so many innovative new
       | apps from ever being created by being inaccessible to young/poor
       | developers.
        
         | whalesalad wrote:
         | You can develop iOS applications for free?
         | 
         | This comment is so ironic because Apple has been the #1
         | innovator in so many arenas for decades.
        
           | floomk wrote:
           | Can I give it to my friend to try on his phone without
           | jumping through a million hoops every week or so? Because I
           | can just send him an apk file via whatsapp without paying
           | anyone a dime.
           | 
           | Or let's take a step back: Can I develop the app without
           | buying a $1000 macbook? You can develop for android using any
           | platform. Apple's build tools are limited to only work on
           | macos.
        
             | drewbeck wrote:
             | While true, I think you need to make an argument that those
             | issues are specifically anti-innovation.
             | 
             | Really tho I think we collectively use that term whenever
             | it suits us, without much clarity on what innovative
             | outcomes actually are. We need a better definition and
             | better yardsticks.
        
               | floomk wrote:
               | Of course there are many different things that can aid or
               | hurt innovation. I believe that one of the things that
               | aids innovation is accessibility to a wide spread of
               | developers of all ages, so measures that make this more
               | difficult hurt innovation.
        
       | mattkevan wrote:
       | Good. It absolutely would reduce innovation.
       | 
       | Adobe have already canned XD, which was a poor alternative to
       | Figma, but Adobe had to at least pretend to compete.
       | 
       | Problem is, even though Figma have captured a large proportion of
       | the digital design market, they took on so much funding that
       | their only real options are a purchase or IPO.
       | 
       | I don't believe that subscriptions alone would bring in enough
       | for the kind of returns the VCs are looking for, especially as
       | it's almost free for individual designers.
       | 
       | And so the enshittification begins.
        
         | quitit wrote:
         | Adobe, Netflix, Google, etc.
         | 
         | They all need to realise one thing. You can choose to start
         | something, but it's only the audience that can choose to end
         | it.
         | 
         | Whether that's a new app, series, or web tool: the problem is
         | the same, no one is going to invest their time and effort on
         | something that will be canned if it is not an instant success.
         | 
         | Each are now trapped in a problem of their own making: people
         | avoid their new offerings for fear of wasting their time,
         | dooming the new entry.
        
           | 8ytecoder wrote:
           | We need a term for it - the fear of adopting something
           | because it might be cancelled based on past history leading
           | to the cancellation further confirming that these companies
           | would cancel new products.
        
             | mattkevan wrote:
             | The word Google has already been used as a noun, so we
             | could slightly repurpose it and use it again.
             | 
             | E.g. "That Netflix show is fantastic but I wouldn't bother
             | starting it as it got Googled at the end of the first
             | season."
             | 
             | Or:
             | 
             | "Google's new messaging service looks cool but I'm not
             | going to get everyone to use it as I bet they'll only go
             | and Google it in about 18 months."
        
         | spandrew wrote:
         | This is absolutely right, and why their new dev tools feature
         | add an additional $25 per seat to use.
         | 
         | Even though I would rather pay less -- if the integration
         | between a Design System and Github is clean enough it might be
         | worth it for my DSM team? It's real value. It's also why they
         | launched Figjam -- which has gotten Miro off of my balance
         | sheet.
         | 
         | I want Figma to scale up and be the anti-Adobe. Financial
         | balance of Figma aside - this acquisition kinda sucks.
        
           | pcurve wrote:
           | They're also continuing to cripple free seat functions.
        
         | ljm wrote:
         | I tried uninstalling Adobe software from my PC a few weeks ago.
         | 
         | Clicking on 'uninstall' booted up their cloud launcher app, and
         | then I had to log in with an account, and then it had to
         | install four or five different updates in sequence, and then it
         | tried auto-updating the software I had installed, and after
         | about thirty minutes of making sure Adobe obtained all of their
         | analytics I was finally able to uninstall everything.
         | 
         | It is one of the worst user experiences I've ever encountered
         | in recent times and it is a sign of what will happen to Figma
         | under Adobe's leadership. Figma is too much of a threat to
         | them, so they can just squash it in an acquisition.
         | 
         | The revamped Serif suite is much nicer.
        
           | boomskats wrote:
           | I own all the Serif products and love the company, but have
           | to say v2 is so buggy on windows still. I hear it's better on
           | mac, though I've had it crash on iOS a few times. I've gone
           | back to mostly using designer v1.
        
       | [deleted]
        
       | olliecornelia wrote:
       | Lol now do Autodesk
        
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