[HN Gopher] Meta antitrust trial kicks off in federal court
       ___________________________________________________________________
        
       Meta antitrust trial kicks off in federal court
        
       Author : c420
       Score  : 194 points
       Date   : 2025-04-14 13:18 UTC (9 hours ago)
        
 (HTM) web link (www.axios.com)
 (TXT) w3m dump (www.axios.com)
        
       | dang wrote:
       | Other articles posted about this:
       | 
       | https://www.nytimes.com/2025/04/14/technology/meta-antitrust...
       | (https://archive.ph/8wOPP)
       | 
       | https://www.cnn.com/2025/04/14/media/meta-ftc-trial/index.ht...
       | 
       | https://www.politico.com/news/2025/04/13/meta-zuckerberg-ftc...
       | 
       | (I've omitted the HN links this time because there weren't any
       | comments yet. Someday we're going to do proper URL bundling and
       | karma sharing for cases like this, where multiple submitters post
       | good articles on the same underlying story.)
        
         | iambateman wrote:
         | Karma sharing would be huge. That's a great idea and I think
         | would increase the overall quality of links a lot. At least
         | worth a shot.
        
           | thierrydamiba wrote:
           | This is a pretty fun link:
           | 
           | https://news.ycombinator.com/leaders
           | 
           | The leaderboard system is interesting because they don't
           | actually show numbers for the top 10(to de-incentivize
           | farming battles I assume).
           | 
           | If you look at the top profile, tptacek, you can see they
           | have a little over 400k karma and they are active(posted two
           | days ago).
           | 
           | Thanks to Thomas people like him who make this site fun!
        
       | luminadiffusion wrote:
       | Zuck waved the white flag, settled the frivolous Trump libel
       | lawsuit, and made several trips to kiss Trump's ring - now he is
       | getting skewered anyhow. Deliciously ironic.
       | 
       | "Your worst sin is that you have destroyed and betrayed yourself
       | for nothing."
       | 
       | -- Dostoevsky, Crime and Punishment.
        
         | hnlmorg wrote:
         | I wouldn't write off a leniency due to their aforementioned
         | arse kissing. A trial doesn't mean a they'll be found guilty,
         | let alone given any tangible consequences.
        
           | ocdtrekkie wrote:
           | The DOJ has continued to indicate it intends to require
           | Google spin off Chrome and obviously the tariff game has done
           | no favors to Apple.
           | 
           | Giving Trump money appears to be a game for suckers.
        
             | stevenwoo wrote:
             | Those who were in prison and paid for a pardon got their
             | money's worth. No take backsies on those. The one grifter
             | was released from paying back millions to the people he
             | defrauded - he made money by paying Trump if looked at as
             | simple arithmetic. https://www.msn.com/en-
             | us/news/other/donald-trump-pardons-ni...
        
               | ocdtrekkie wrote:
               | Too bad Joe Exotic doesn't have enough money I guess...
        
             | KerrAvon wrote:
             | Yeah, for reasons I still don't understand -- probably
             | because it's driven by Peter Thiel's Deep Incel Thoughts --
             | JD Vance and co. were big fans of Lina Khan's FTC antitrust
             | moves during the Biden administration.
        
               | zombiwoof wrote:
               | Imagine if instagram took down Facebook as a separate
               | company and leadership
               | 
               | Same for WhatsApp
               | 
               | Both companies had amazing founders who could have
               | thrived if Facebook didn't take them out
               | 
               | We would have a tech landscape of two independent
               | companies and "meta" being just another Yahoo or MySpace
               | 
               | Facebook didn't innovate it crushed innovation.
               | 
               | Fuck them and I hope Trump scewers Zuck
        
               | userbinator wrote:
               | The growing hatred for Big Tech is largely bipartisan.
        
           | aylmao wrote:
           | In fact, wouldn't a trial where they aren't found guilty
           | would probably be better a better outcome for Zuckerberg than
           | no trial at all?
        
           | paxys wrote:
           | The judge is an Obama appointee and is the same one who
           | ordered Trump to halt illegal deportations to El Salvador.
           | Trump has publicly called for him to be removed. If the
           | administration wanted a lenient ruling, he is the last judge
           | they would rely on.
        
         | 2OEH8eoCRo0 wrote:
         | If Meta loses then Trump will use selective enforcement for
         | leverage.
        
           | nradov wrote:
           | This is a civil trial, not criminal. There is no way to find
           | a defendant "guilty".
        
         | input_sh wrote:
         | This has been brewing since 2020, trials of this scale take
         | time to build: https://en.wikipedia.org/wiki/Federal_Trade_Comm
         | ission_v._Me....
         | 
         | If anything, he was kissing Trump's ass _because_ he knew it
         | was about to reach trial. The date was known since November.
        
           | paxys wrote:
           | That's the point. Big tech kissed Trump's arse in the hopes
           | that he would end the antitrust investigations. Meta
           | literally bribed him to do so. Now Trump is just doubling
           | down on them.
        
         | bamboozled wrote:
         | He can just pay his way out of this now, you know that.
        
         | goatsi wrote:
         | He's being blamed for stealing the 2020 election from Trump, so
         | no donations or ring kissing seem to be enough.
         | 
         | https://www.semafor.com/article/04/14/2025/trump-officials-s...
        
       | alex1138 wrote:
       | I think Whatsapp is the clearest possible case that can be made
       | of any company? They violated the condition of not sharing user
       | data with Facebook
       | 
       | Willing to listen to other opinions on other companies, but
       | surely Whatsapp
        
         | changoplatanero wrote:
         | That was a voluntary pledge the company made to the users,
         | right? It wasn't a legally binding commitment that there would
         | never ever be any data sharing.
        
           | onlyrealcuzzo wrote:
           | Dear Users, in our Terms of Service, we tell you that we
           | won't share your data.
           | 
           | Psych, it wasn't legally binding.
        
             | fallingknife wrote:
             | Correct. A promise is not legally binding unless there is
             | some sort of payment in return. The exception is if you can
             | prove you suffered monetary damages from relying on that
             | promise, which is basically impossible for data sharing.
        
               | lovich wrote:
               | I can't sell my data to willing buyers for the same price
               | anymore, because Meta illegally shared my data which
               | reduced its value, and that's on top of the lost revenue
               | I could have made selling my data to Meta if I was
               | whatsapp only user.
               | 
               | Oh wait, I forgot those arguments only apply when
               | companies are getting the government to go after people
               | sharing files
        
               | JumpCrisscross wrote:
               | > _promise is not legally binding unless there is some
               | sort of payment in return_
               | 
               | If I recall correctly, I gave them a worldwide, perpetual
               | license to some data.
               | 
               | > _if you can prove you suffered monetary damages_
               | 
               | This is a separate question (that of calculating damages)
               | from that of whether there was a breach _per se_.
        
           | devrandoom wrote:
           | It came with a threat that you'd lose your account of you
           | didn't approve. That's hardly voluntary.
        
       | henryfjordan wrote:
       | > "The FTC's lawsuit against Meta defies reality. The evidence at
       | trial will show what every 17-year-old in the world knows:
       | Instagram, Facebook and WhatsApp compete with Chinese-owned
       | TikTok, YouTube, X, iMessage and many others," Meta spokesperson
       | Chris Sgro said in a statement.
       | 
       | Everyone knew at the time that Facebook bought Instagram because
       | it threatened Facebook's dominance, and hindsight shows that
       | exactly that happened. There's a huge swath of people that
       | dropped off FB and now use Insta, but Meta owns both. It was a
       | great move but it was absolutely anti-competitive at the time.
        
         | ilrwbwrkhv wrote:
         | Now the real thing that has to be seen is whether Mark
         | Zuckerberg is "masculine" enough to escape from "the matrix".
        
         | ceejayoz wrote:
         | They're also directly behind some of the anti-TikTok push;
         | again, trying to kneecap their competition.
         | 
         | https://www.cbsnews.com/sanfrancisco/news/report-facebook-hi...
        
           | wikipedia wrote:
           | Over the last ~3 years I've been passively following the
           | negative PR campaign against TT by Meta; a lot of the outrage
           | felt a bit manufactured, specifically the outlandish claims
           | like the 'slap a teacher challenge' which, upon
           | investigation, didn't actually exist [0]
           | 
           | [0] https://www.vice.com/en/article/slap-a-teacher-tiktok-
           | challe...
           | 
           | https://archive.ph/ERLFo - Facebook paid Targeted Victory, a
           | PR firm, to malign TikTok
           | 
           | https://archive.ph/wYuvL - A whistleblower's power: Key
           | takeaways from the Facebook Papers
           | 
           | https://archive.ph/rWDA4 - Mark Zuckerberg says TikTok is a
           | threat to democracy, but didn't say he spent 6 months trying
           | to buy its predecessor
           | 
           | https://archive.ph/H8SIk - Before Mark Zuckerberg Tried To
           | Kill TikTok, He Wanted To Own It
           | 
           | https://archive.ph/liFKi - FACEBOOK'S PLAYBOOK TO BEAT
           | COMPETITORS HAS HAD TO CHANGE WITH TIKTOK
           | 
           | https://archive.ph/9XSqi - Facebook Tries to Take Down TikTok
           | 
           | https://archive.ph/LWTHf - Reuters: Factbox: Facebook and
           | TikTok's fraught history - quick look
           | 
           | https://archive.ph/H3dfJ - Facebook Parent Company Defends
           | Its PR Campaign to Portray TikTok as Threat to American
           | Children
        
           | mupuff1234 wrote:
           | Plus they tried to buy other companies that they thought
           | posed a threat (snap, etc?)
        
         | unreal37 wrote:
         | The government is claiming that Facebook bought Meta and
         | Whatsapp because it couldn't compete with them.
         | 
         | Is that illegal? I don't understand! Every company that buys
         | another company buys it because it adds something to their
         | business. It's a ridiculous claim.
        
           | Retric wrote:
           | It's an argument for how to break up the company not just a
           | complaint about what happened. Companies that buy a supplier
           | or customer frequently didn't compete with that supplier so
           | breaking them off wouldn't break up the monopoly.
           | 
           | Whatsapp was purchased as a competition _and therefore_
           | there's a solid case for spitting the company along that
           | line. Split off Instagram and things look even more
           | competitive.
        
           | pengaru wrote:
           | > The government is claiming that Facebook bought Meta and
           | Whatsapp because it couldn't compete with them.
           | 
           | s/Meta/Instagram/
        
           | miltonlost wrote:
           | Yes, trying to beat your competition by buying them is
           | incredibly illegal and should be illegal. If you have 70% of
           | a market and an up-and-comer is now at 25% but growing, a
           | market leader purchasing their competitor to maintain their
           | market position is an anti-competitive move and why we don't
           | and shouldn't allow every single horizontal or vertical or
           | conglomerate merger.
           | 
           | >it because it adds something to their business. It's a
           | ridiculous claim.
           | 
           | "It" and "Something" are incredibly vague and meaningless.
           | Their vacuousness is what allows you to not understand the
           | illegal behavior.
        
             | jasode wrote:
             | _> , trying to beat your competition by buying them is
             | incredibly illegal _
             | 
             | If you weren't aware, it's actually legal to buy a
             | competitor. It just has to pass antitrust review.
             | 
             | E.g. In 2006, the government approved Google acquisition of
             | Youtube which competed with Google Video: https://www.googl
             | e.com/search?q=google+2006+acquisition+yout...
             | 
             | Companies buy/merge competitors all the time that passes
             | FTC legal review. E.g. Boeing acquired competitor McDonnell
             | Douglas. Hewlett-Packard acquired Compaq Computer.
             | 
             | And sometimes US government encourages mergers. E.g. US
             | asks stronger bank buy a weaker competitor bank. It's been
             | leaked that the US Govt is encouraging competitors Intel
             | and AMD to merge ... so the USA semiconductor industry can
             | be stronger and thus, less dependent on Taiwan TSMC and
             | stay ahead of China.
             | 
             | https://www.google.com/search?q=us+government+encouraging+i
             | n...
        
           | bakugo wrote:
           | > Every company that buys another company buys it because it
           | adds something to their business.
           | 
           | The point is that they didn't acquire those companies to add
           | to their business, they acquired them because their continued
           | independent existence detracted from their business. Also
           | known as competition.
        
         | paxys wrote:
         | If everyone indeed "knew at the time" then why did the FTC
         | allow the acquisition to go through in a 5-0 vote?
        
           | surge wrote:
           | This is what I don't get, the FTC is suing because the FTC
           | allowed something to happen, when the platforms had even more
           | dominance than they do now?
           | 
           | Kind of stinks of less than valid motivations based on the
           | timing of bringing this up over a decade after the fact.
        
             | dylan604 wrote:
             | I guess theZuck didn't donate enough to the campaign
        
               | eastbound wrote:
               | The trial has to go through in all cases of bribing:
               | 
               | - If I'm the politician, then I need to keep the company
               | on the edge until the end of the trial where I promise
               | them to be acquitted;
               | 
               | - If I'm the CEO, I need the trial to go through and
               | acquit me, because it guarantees me against future
               | trials.
        
               | throwanem wrote:
               | > I need the trial to go through and acquit me, because
               | it guarantees me against future trials
               | 
               | On substantially identical charges, where the principle
               | of double jeopardy holds sway.
        
               | singleshot_ wrote:
               | In the same jurisdiction*
        
             | throwanem wrote:
             | Whom do you mean to believe nothing has changed in the
             | intervening thirteen years? Or should every crime not
             | instantly obvious to all interested parties receive
             | similarly favorable treatment once it _is_ finally known?
        
             | borski wrote:
             | Something being predicted poorly, hypothetically, doesn't
             | mean you can't rectify a past mistake, right?
             | 
             | Not specifically related to this case, necessarily, but if
             | you let an acquisition go through and discover a decade
             | later that it was, in fact, anticompetitive (and
             | intentionally so), presumably you would still try to break
             | up the resulting monopoly, even if you didn't predict it
             | would happen?
        
               | YetAnotherNick wrote:
               | Mistake shouldn't be based on outcome. If Instagram
               | failed, would they still have the antitrust case?
        
               | blackguardx wrote:
               | Take a look at the Alcoa case from 1945 [0]. The courts
               | ruled that Alcoa was an illegal monopoly even though it
               | acquired that status legally.
               | 
               | [0]
               | https://en.m.wikipedia.org/wiki/United_States_v._Alcoa
        
             | ideashower wrote:
             | At the time, Instagram had 80 million users, it had no
             | monetization strategy and was profitless[1]. I suppose this
             | made it seem less of an immediate competitive threat to
             | Facebook's business model, especially with the presence of
             | other smaller photo sharing platforms by Google etc.
             | 
             | In 2020, the Wall Street Journal reported that FTC
             | officials in 2012 had concerns about the deal raising
             | antitrust issues. However, they were apprehensive about
             | potentially losing an antitrust case in court if they sued
             | to block the deal.[2] If they would lose then on the merits
             | of trying to enforce the Clayton Act, it would set a
             | precedent that likely could not be undone.
             | 
             | [1] https://www.ibtimes.co.uk/facebook-instagram-deal-
             | down-747m-...
             | 
             | [2] https://www.wsj.com/articles/tech-ceos-defend-
             | operations-ahe...
        
           | miltonlost wrote:
           | Partly our regulatory system unfortunately was timid and
           | defanged and philosophically approving of a lot of mergers in
           | general (neoliberalism + Laissez Fair Conservatives). The FTC
           | didn't do the discovery to get the smoking gun email of
           | Zuckerburg saying how he was doing the buyout specifically to
           | "neutralize a potential competitor," (as The New York Times
           | reported).
           | 
           | To anyone on the side of anti-trust, it was clear even
           | without that email as to how much Instagram and WhatsApp were
           | growing, and thus Facebook was Standard Oiling.
        
           | henryfjordan wrote:
           | A move being anti-competitive and it being against anti-trust
           | law are not the same thing. You also need to establish that
           | the defendant is improperly exercising their own size/market-
           | power to force the deal through which is a much higher bar.
           | 
           | Also the FTC is not exactly known for enforcing antitrust law
           | very strictly.
        
           | matthewdgreen wrote:
           | I think "everyone" in this case means: people who knew the
           | business and had an adversarial perception of Facebook's
           | intentions. This was apparently not how the FTC thought at
           | the time.
           | 
           | Hell, even I wasn't this cynical back in those days. I was
           | shocked as late as 2018 when Facebook began using SMS phone
           | numbers for advertising, something they'd promised not to do
           | (for obvious reasons.) https://www.cbsnews.com/news/facebook-
           | said-to-use-peoples-ph...
        
             | throwanem wrote:
             | I've never had a Facebook account, other than a burner for
             | the brief time I spent investigating VR via Oculus Quest 2.
             | 
             | I almost had one once, some time in the very early 2010s.
             | After first login, the first prompt I saw was for my email
             | account's authentication details, so that Facebook could
             | "find my contacts for me."
             | 
             | I forget the exact language they used, but I know a
             | boundary test when I see one, and I completed neither that
             | nor any other further onboarding step, but immediately
             | "deleted" the account - understanding this would not
             | actually remove any information, but would deny me at least
             | the temptation to develop what I could see would become a
             | dangerous habit.
             | 
             | I don't exactly think I blame people who were slower to
             | catch on, which is a relief, considering that appears at
             | one time or another to have been about half the species and
             | it would be a lot of work. But I would incline much less to
             | say that mistrusting Facebook as early as 2018 would have
             | been cynical, as that still to have trusted them so late
             | seems remarkably naive.
        
           | arrosenberg wrote:
           | The combination of neoliberal laissez-faire economics along
           | with how strongly tech supported President Obama's campaigns
           | meant that the industry got to run amok for a decade. It's
           | easily one of the biggest stains on his presidency in
           | hindsight.
        
           | michaelt wrote:
           | The government just kinda forgot that competition law existed
           | for a few decades.
           | 
           | They were busy doing things like bringing freedom and
           | democracy to Afghanistan, having a financial crisis, stuff
           | like that. Very important stuff. Social media? Oh yes I think
           | my grandson told me about that.
        
             | noslenwerdna wrote:
             | I didn't know the FTC got involved in Afghanistan
        
           | ideashower wrote:
           | I tried to answer that here:
           | https://news.ycombinator.com/item?id=43686919
        
         | fallingknife wrote:
         | It was a tiny 1 billion dollar acquisition of a company with
         | less than 50 employees. If everyone knew at the time how
         | dominant Instagram would become, that "everyone" sure didn't
         | include the founders and investors in Instagram.
        
           | henryfjordan wrote:
           | Facebook, wary of someone doing to them what they did to
           | MySpace, was going around buying anyone who might be the next
           | thing. It wasn't necessarily clear that Insta would blow up
           | in the way it did but it was clear that was Facebook's
           | motivation for buying.
           | 
           | Also "tiny 1 billion dollar acquisition" is not how I'd
           | characterize what was the largest acquisition FB had made up
           | to that point: https://archive.nytimes.com/dealbook.nytimes.c
           | om/2012/04/09/...
           | 
           | > Though Facebook is known for smaller acquisitions,
           | Instagram's surging momentum likely compelled the social
           | network to swiftly put together a billion-dollar offer.
        
             | thegreatpeter wrote:
             | Mira just raised $2B for her company pre-revenue and pre-
             | product.
        
               | wongarsu wrote:
               | Tech valuations were lower across the board in 2012. Meta
               | 15x'd its market cap since then, and Google 10x'd its
               | valuation, despite both companies still holding
               | essentially the same market position today as they did
               | back then. If anything both have a weaker position today
               | than in 2012.
        
               | henryfjordan wrote:
               | Meta's position is much better, they own Insta and
               | Whatsapp now! Diversification!
               | 
               | Google rise makes less sense but their position as king
               | of search seems even more concrete than ever before
               | (although LLMs might threaten that if they don't stay
               | competitive I guess).
        
               | zeroonetwothree wrote:
               | Meta revenue also went up 15x (actually maybe more?). So
               | implying the valuation has not risen
        
               | borski wrote:
               | All funding was lower in 2012, across the board.
               | Moreover, inflation hadn't skyrocketed, valuations
               | weren't as foamy, etc.
        
           | jupp0r wrote:
           | There is also the question of cause and effect. Did Instagram
           | grow to what it is today because of a decade of investments
           | from Meta?
        
           | devrandoom wrote:
           | Back in the day, Android allowed any app to see what other
           | apps were installed. That's how Facebook saw the threat from
           | Instagram so early.
        
             | jessekv wrote:
             | https://news.ycombinator.com/item?id=43518866
        
             | simonsarris wrote:
             | Some context for those interested:
             | 
             | https://www.techemails.com/p/mark-zuckerberg-instagram-
             | fours...
        
             | spunker540 wrote:
             | Actually Instagram was iOS only at the announced time of
             | acquisition. It was a pretty big bet at the time and almost
             | no one believed it was worth $1B.
        
             | fallingknife wrote:
             | You know who else knew how many devices Instagram was on?
             | Instagram. And yet they were willing to sell. There is no
             | conspiracy here. There is nothing nefarious. Facebook made
             | a good bet.
        
               | alex1138 wrote:
               | Correct me if I'm wrong but as far as I know Facebook
               | (and probably also Instagram) degrades photo quality by a
               | lot, something Flickr doesn't do
               | 
               | That plus scary TOS changes Instagram did immediately
               | after acquisition
        
         | jjallen wrote:
         | This implies that every horizontal acquisition is anti-
         | competitive, does it not? If not I would love to read why not.
        
           | michaelt wrote:
           | If there are 7 different grocery stores in driving distance
           | of my house and two of them merge, I've still got a choice of
           | 6 stores so there's still reasonable competition.
           | 
           | If there are 3 different grocery stores and two of them
           | merge, though? That's a different matter.
           | 
           | And if 1 of the remaining 2 is the zero-waste organic store
           | that only rich people and hippies use? It might not even be
           | providing all that much competition.
        
             | ensignavenger wrote:
             | There are far, far, far more than just 7 photo sharing
             | apps/websites within the same number of clicks as Facebook
             | and Instagram.
        
               | AnthonyMouse wrote:
               | The thing that makes something a competitor is the
               | ability to act as a substitute. That means grocery stores
               | that are 1000 miles away don't count. For photo sharing,
               | what makes something a viable substitute is having a
               | sufficient network effect, so photo sharing services with
               | hundreds of users aren't a substitute for ones with
               | millions.
               | 
               | This implies that mergers between large services that
               | have a network effect should _always_ be prohibited, but
               | why is that even a problem unless your goal is to thwart
               | competition?
               | 
               | It would also create a useful incentive: Federated
               | systems (like email) have a single network that spans
               | entities. If Microsoft wants to buy Hotmail, they're not
               | buying a separate network so you don't have to be worried
               | about it even if they each have 25 million users as long
               | as that's not too large a percentage of the billion
               | people who use email. So then companies would _want_ to
               | participate in federated systems instead of creating
               | silos like modern social networks do, because then they
               | would be as strictly prohibited from doing mergers.
        
             | snovymgodym wrote:
             | Yeah, but we're talking about 2012. Instagram was small and
             | wasn't making any money, and feature-wise it barely
             | resembled what it is today. Going just by US sites in 2012
             | Twitter, Tumblr, Snapchat, Google+, Pinterest, YouTube, and
             | Reddit were all large competing social networks (or social
             | network adjacent sites/apps).
             | 
             | Seems like in your analogy there were plenty of grocery
             | stores left.
        
               | immibis wrote:
               | Didn't they give kids a free VPN service then use it to
               | spy on which apps they used the most, to predict who
               | their next competitor would be?
        
           | henryfjordan wrote:
           | Yes, every horizontal acquisition is anti-competitive.
           | 
           | Antitrust violations are a higher bar, you must improperly
           | flex your dominant market position to violate the law. For
           | that the government would have to show that FB offered an
           | unreasonable price that nobody sane would match or that they
           | threatened to cut off Insta links from FB if they didn't
           | sell, something like that.
        
         | megaman821 wrote:
         | Can you show me something from that time that shows this was
         | the dominate sentiment? Because I remember everyone laughing
         | the Facebook would pay so much for such a simple app.
        
           | henryfjordan wrote:
           | here's a Techcrunch article from the time:
           | https://techcrunch.com/2012/04/09/facebook-to-acquire-
           | instag...
           | 
           | > Last year, documents for a standalone Facebook mobile photo
           | sharing app were attained by TechCrunch. Now it seems
           | Facebook would rather buy Instagram which comes with a built-
           | in community of photographers and photo lovers, while
           | simultaneously squashing a threat to its dominance in photo
           | sharing.
        
           | doctorpangloss wrote:
           | Sherman Antitrust Act fits on a single sheet of paper. Does
           | the statute say anything about the sentiments of the blogs
           | you read?
        
         | chourobin wrote:
         | This is a joke, everyone made fun of FB paying 1 BILLION
         | dollars for Instagram, they didn't even have an android app at
         | the time.
        
       | paxys wrote:
       | I don't understand the FTC's strategy here. Their entire case
       | hinges on the fact that the judge will accept that Instagram,
       | WhatsApp, Snapchat and MeWe (?) are direct competitors of
       | Facebook in the "personal social networking" space while TikTok,
       | YouTube, X, iMessage and all the rest aren't. Unsurprisingly that
       | is what Meta's legal team is spending all of its efforts
       | debating. I really can't see the judge allowing such a cherry-
       | picked definition of what Facebook's market is.
        
         | scialex wrote:
         | I mean it's not much more unreasonable then the argument that
         | iphones and android phones don't compete but courts bought
         | that.
        
           | granzymes wrote:
           | A court didn't buy that: the district court and 9th Circuit
           | both held that iOS and Android compete in the Epic v. Apple
           | case.
           | 
           | A _jury_ however found that the relevant market in the Epic
           | v. Google case was just Android. Google is understandably
           | appealing that to the 9th Circuit.
        
         | whatshisface wrote:
         | The definition of a trust isn't a business with no competitors.
         | In fact, a business with no competitors is legal. Antitrust law
         | limits "anti-competitive actions," which are possible even for
         | commodity producers in an efficient market.
        
         | gruez wrote:
         | That's basically every antitrust case. Is Window's market IBM-
         | compatible PCs/laptops, or does it include Macs and chromebooks
         | as well? What about other computing devices like
         | tablets/phones, given that many households (especially in
         | poorer countries) don't even have PCs/laptops?
        
       | iambateman wrote:
       | > Meta could have chosen to compete with then-upstart photo
       | sharing app Instagram in 2012, a senior FTC official said on a
       | call with reporters ahead of the trial, but instead it bought it,
       | and did the same with WhatsApp.
       | 
       | This has a potentially very-chilling effect on acquisitions,
       | which are a major source of liquidity for lots of secondary
       | companies.
        
         | zombiwoof wrote:
         | Maybe these companies should be built to last not be acquired
         | into monolithic borgs
        
           | lenerdenator wrote:
           | But then they'd have to compete and not just shovel more
           | money into the pockets of major individual shareholders,
           | along with the retirement and pension funds of a generation
           | that needs to drastically scale back its post-career
           | ambitions.
        
             | throwanem wrote:
             | "Post-career." Good optimism.
        
         | huitzitziltzin wrote:
         | The large tech firms get a surprisingly large amount of hate on
         | antitrust issues on this _website for startups_ so I appreciate
         | your point bc I think it's often missed.
        
           | marcosdumay wrote:
           | It's almost as if people want to create companies that
           | satisfy somebody's need, instead of pretending to be large so
           | it gets brought...
        
         | burkaman wrote:
         | Creating a chilling effect on acquisitions is the whole point
         | of antitrust law.
        
         | jchw wrote:
         | I'd kill for a chilling effect on acquisitions. Every single
         | fucking time something I like gets acquired, it takes anywhere
         | between a few months to a couple years before it is completely
         | ruined. Maybe if we're lucky, Microsoft will acquire Discord
         | and run it into the ground the way they did with Skype. (Then,
         | we can all go back to IRC, right? ... Right, guys?)
        
           | fallingknife wrote:
           | If that were true then acquisitions would be great for
           | competition.
        
             | jchw wrote:
             | Well in most cases you just ate your competition, so
             | there's not a whole lot to care about.
             | 
             | The hardest part of competing with encumbants, especially
             | when it comes to stuff like social media and IM, is
             | acquiring users, due to those coveted network effects. When
             | you look at what happened with Discord, it was able to
             | swoop in when there was somewhat of a vacuum building with
             | Microsoft-owned Skype being completely shit, MSN and AIM
             | falling way out of fashion, and IRC... continuing to be
             | IRC. Then they took advantage of something relatively new;
             | they could lower the barrier to entry. Most existing IM
             | networks required you to download a client to really use
             | it, but Discord, just being a web app, you could log in
             | from a browser and get the full experience. And if you
             | needed to jump in quickly, you could literally just enter a
             | name and start using it immediately, at least in the early
             | days.
             | 
             | That doesn't happen often. What usually happens is the
             | company that acquires the software makes use of the asset
             | they actually care about (the users they just paid for) and
             | now they don't have to do all of that hard work of actually
             | acquiring the users by making a better product and
             | marketing it. (Nevermind that they're almost certainly
             | better-resourced to do that than the company that they are
             | acquiring.) A large minority of users are very unhappy with
             | the enshittification of the service, but most users don't
             | really care much since they are pretty casual and a lot of
             | them may not have even known things to be much better
             | anyways. Microsoft squandering Skype seems to be the result
             | of a lot of things at once, ranging from incompetence to
             | the complexity that the P2P nature of Skype brought with it
             | (at least early on.)
             | 
             | For example, look at Twitter. Elon Musk could do basically
             | anything wrong but it has such a long history and so many
             | users that it really is hard to squander it entirely, even
             | after making many grossly unpopular moves. Don't get me
             | wrong, Mastodon and Bluesky are doing fine, and it's also
             | fine that neither of them are likely to ever really take
             | over the number one spot in their niche; they still
             | function just fine. But Twitter will always be the place
             | where basically everything happens among them, even if the
             | people who care the most absolutely hate the shit out of
             | it.
             | 
             | I wish more acquisitions did go like Skype, only much
             | faster.
        
             | singron wrote:
             | Post-acquisition products can still dominate their market
             | even if they have declining quality. E.g. they can be
             | bundled with other offerings from the parent company. This
             | is exactly the point of anti-trust.
        
           | soulofmischief wrote:
           | When you build a company, if you're looking to cash out and
           | work on something else, it's either going to be by selling
           | shares or getting acquired. Getting acquired can certainly be
           | much less of a headache and risk vs going public or finding
           | private investors to buy out a portion of your shares.
        
           | dpoloncsak wrote:
           | Its more likely we like the things we like because they're
           | still in their "Acquire users" phase, and haven't run out of
           | VC funding yet. Once they they get acquired, they quickly
           | transition to the "squeeze every penny out of those users"
           | phase we all know and love.
        
             | jchw wrote:
             | Personally, I always liked things that never had an
             | "acquire users" phase, or VC funding, but those things are
             | less shiny (and frankly, less user-friendly.)
        
             | JumpCrisscross wrote:
             | > _Once they they get acquired, they quickly transition to
             | the "squeeze every penny out of those users" phase_
             | 
             | Instagram had less than a tenth of its current user base
             | when it was bought [1].
             | 
             | [1] https://time.com/4299297/instagram-facebook-revenue/
        
               | immibis wrote:
               | Objection: relevance
        
           | surge wrote:
           | TBF Skype wasn't profitable when MS bought it, it every much
           | was in the line of make something everyone wants to use and
           | figure out how to make money later. Skype was more or less
           | free to use and it didn't make enough from paid services to
           | cover its operating costs if I remember correctly. So it was
           | always someone buys it or it dies.
           | 
           | The point of many of those companies is to get bought out and
           | then get enshitified or stripped for its IP and integrated
           | into for profit products.
           | 
           | Discord is very much in the same boat of build user base,
           | then either sell or lock people in and charge a lot. It's
           | current model is unsustainable. It will get bought out or
           | enshitify eventually, there's no other sustainable model
           | unless every user starts handing them money every month like
           | its Netflix.
           | 
           | People here used to know this, are we getting an eternal
           | September? Comments are getting more and more "reddit" like.
        
             | jchw wrote:
             | > People here used to know this, are we getting an eternal
             | September? Comments are getting more and more "reddit"
             | like.
             | 
             | What?! I _do_ know this, and take great offense to the
             | insinuation that my comment is  "reddit"-like. I didn't
             | feel it necessary to iterate over how VCware works since,
             | as you said, everyone already gets that part.
             | 
             | Anyway, the "this place is getting more like Reddit by the
             | day" thing has been a Hacker News staple for (well) over a
             | decade too. Check the end of the HN guidelines, you'll have
             | a chuckle.
        
               | surge wrote:
               | Sorry, just I thought anyone lurking here for a while was
               | pretty familiar with the whole model of "offer service
               | for free to gain user adoption, then sell out or pivot".
               | Most of these services that we enjoy simply aren't
               | sustainable and are running on borrowed time (or VC
               | money).
        
               | anonymars wrote:
               | I'm confused, is familiarity with it somehow an argument
               | for it?
               | 
               | As I understand, the complaint was that things get ruined
               | once acquired. Great, we all know that it's in part
               | because of unsustainable business models in the hope of
               | getting acquired*. Does that mean we have to like it?
               | Wouldn't it be nice to encourage companies to have
               | sustainable business models?
               | 
               | *But also not entirely. Even if you build a sustainable
               | business model, for you it's throwing off profit and
               | that's gravy for you. But once someone buys it from you,
               | suddenly _they_ are in the hole and have an investment to
               | recoup, especially if they overpaid. And so the
               | temptation arises to goose things to pay back that
               | investment more quickly
        
             | dmonitor wrote:
             | > Discord is very much in the same boat of build user base,
             | then either sell or lock people in and charge a lot. It's
             | current model is unsustainable. It will get bought out or
             | enshitify eventually, there's no other sustainable model
             | unless every user starts handing them money every month
             | like its Netflix.
             | 
             | I haven't looked at their financials, but I wouldn't be
             | surprised if their current subscription offerings targeting
             | power users were enough to support the service.
        
               | xixixao wrote:
               | Capitalism doesn't tend toward "enough", it tends towards
               | maximizing profits.
               | 
               | (Saying this without judging it as bad or good, simply
               | how it is)
        
           | guestbest wrote:
           | I don't think we can go back to some things like ircd or mud
           | talkers because they are too "chatty" to users. People like
           | simplified centralized services with on screen discovery in
           | the form of popups. The small internet will have to stay
           | small
        
             | jchw wrote:
             | That'd be more than fine with me, except the small internet
             | competes for attention with the rest of the internet and
             | gets slaughtered by their attention-sucking applications
             | with shiny animations, spammy push notifications,
             | gamification and manipulative FOMO-inducing tricks. This
             | means that the "small internet" for any given niche is
             | very, very small, even compared to what it would've been a
             | long time ago on a vastly smaller internet.
             | 
             | User retention aside... Nobody can even _find_ the small
             | internet. It 's out there and there are search engines, but
             | even if Google magically wasn't utterly ruined by SEO SPAM,
             | people just don't Google their special interests as much
             | directly anymore. (I can tell from search analytics!) So
             | aside from a struggle to keep users engaged in small
             | communities, there's also not very many users entering
             | smaller communities either, certainly not enough to
             | counteract the bleed.
        
               | jjulius wrote:
               | >This means that the "small internet" for any given niche
               | is very, very small, even compared to what it would've
               | been a long time ago on a vastly smaller internet.
               | 
               | This has been my lived experience with a few places the
               | past couple of years, and I _love it_. It 's a completely
               | different experience from the "pop web" that most people
               | use and it's amazing.
               | 
               | >Nobody can even find the small internet. It's out there
               | and there are search engines, but even if Google
               | magically wasn't utterly ruined by SEO SPAM, people just
               | don't Google their special interests as much directly
               | anymore.
               | 
               | I know that my example can't speak for most/many other
               | places, but the regional hiking forums I frequent (same
               | places I alluded to above) come up _a lot_ on search
               | engines. Whether you 're looking for "[region] hiking",
               | or looking up "[name of] trail", or anything related to
               | it, the pages pop up towards the top quite frequently.
               | It's how I found them, and there does seem to be a steady
               | number of new users joining.
        
               | jchw wrote:
               | Maybe it actually can be alright for a niche as
               | relatively large as hiking, but I think it has done some
               | real damage to smaller niches, which seem to struggle to
               | maintain active forums.
        
               | jjulius wrote:
               | That's a fair point. WATMM, for instance, is finally
               | calling it quits.
               | 
               | https://forum.watmm.com/
        
             | dylan604 wrote:
             | Sounds like someone just hasn't come up with the right app
             | to act as an abstraction layer over the protocol.
        
               | bathtub365 wrote:
               | The other big problem with IRC is that if you have a
               | connection interruption you miss messages.
        
               | jjulius wrote:
               | We don't always need to know everything that happened all
               | the time, whether it's online or meatspace happenings. If
               | my IRC connection dropped back in the day, and there was
               | something that happened in that timeframe that was
               | _truly_ worth hearing about, I 'd find out eventually.
               | 
               | There's something to be said, at least in my opinion,
               | about keeping a healthy dose of ephemerality in our
               | lives.
        
               | immibis wrote:
               | Phones interrupt the connection every time you close the
               | app, and if there's even a way to avoid this (yes on
               | Android, no on iPhone) the user sees a notification that
               | something is running in the background (fine) and their
               | battery life is 80% less (not fine). The way IRC works is
               | just inherently incompatible with the way mobile devices
               | work, since IRC assumes stable endpoints. And because
               | it's a protocol not a product, this can't be fixed.
               | 
               | Even if a new protocol was created which fixed this, the
               | necessary design change would bring so much baggage that
               | it would become Matrix. To solve the unstable endpoint
               | problem, servers need to store messages until all
               | endpoints retrieve them (which is never, for channels of
               | non-trivial size, since at least one client isn't coming
               | back) or time out (how long do you set that? a week? If
               | you're holding all messages permanently, you might as
               | well never time out clients).
               | 
               | The obvious storage design will hold each channel's
               | messages once, not once per client connection buffer.
               | Which means a lot of things: you might as well send it to
               | new clients when they join; each message will have an ID
               | so you might as well support replies and emoji reactions;
               | you have to moderate it for illegal content; since
               | messages have IDs, you might as well retract moderated
               | messages on clients. At the end of the design process,
               | what you have is nothing like IRC any more.
        
               | jjulius wrote:
               | Regarding my comment, IRC was just a quick little example
               | - to focus on that is to miss the forest for the trees.
               | 
               | The lack of connection _is the point_.
        
           | googlryas wrote:
           | What makes you think the products you like will even be
           | launched, if the acquisition pathway to success is not
           | available?
        
         | JumpCrisscross wrote:
         | > _has a potentially very-chilling effect on acquisitions_
         | 
         | I don't buy it. An independent Instagram would have both been
         | another potential acquirer _and_ a pocketful of cash for
         | investors who might fund another round.
        
         | dehrmann wrote:
         | It's actually worse that that. Making acquisitions hard is one
         | thing; changing the rules post hoc is another.
        
           | arrosenberg wrote:
           | Antitrust law explicitly allows the government to unwind
           | acquisitions if they are later determined to be
           | anticompetitive. How else would you deal with a company like
           | Meta who has done exactly that?
        
         | arrosenberg wrote:
         | Good. We need companies that produce economic value, not
         | landlords seeking rent.
        
       | skizm wrote:
       | What's the point of getting FTC approval of an acquisition in the
       | first place if they can just go back a decade later and undo it?
        
         | lenerdenator wrote:
         | That's just the concept of judicial review.
        
         | colonwqbang wrote:
         | They can't just undo it but they can challenge it in court.
         | 
         | But you are right, in a way the FTC is appealing their own
         | decision [1]. US politics can be quite mad at times.
         | 
         | [1] https://www.ftc.gov/news-events/news/press-
         | releases/2012/08/...
        
           | jrapdx3 wrote:
           | > "US politics can be quite mad at times."
           | 
           | No question about the truth of that statement.
           | 
           | However, though the FTC approved the acquisition 10 years
           | ago, the current FTC commissioners have evidently concluded
           | that in the interim things have changed. Whether the court
           | agrees with the FTC's logic remains to be seen.
        
         | kmeisthax wrote:
         | Conversely: if Facebook lies their ass off to the FTC to get
         | their mergers approved, why should we accept those lies as
         | immutable truth?
        
           | skizm wrote:
           | Is that what the FTC is claiming happened?
        
         | bogwog wrote:
         | > What's the point of getting FTC approval
         | 
         | Efficiency? The people at the FTC reviewing mergers can't be
         | experts of every corner of the economy, but if they catch an
         | illegal merger during the approval process it can be blocked
         | early without having to go to court.
         | 
         | An illegal merger is illegal no matter what. It's the
         | corporation's responsibility to not break the law.
        
           | googlryas wrote:
           | I'm positive that OP understands the reason for an FTC
           | approval. Why did you cut the quote off in the middle of the
           | sentence? The point is about why it's acceptable for the FTC
           | to approve something, and then years later come back and
           | change the decision.
        
             | bogwog wrote:
             | I was too lazy to add an ellipsis. I was replying to the
             | whole comment.
             | 
             | > The point is about why it's acceptable for the FTC to
             | approve something, and then years later come back and
             | change the decision.
             | 
             | I addressed that in my comment (it was the entire point of
             | my comment, actually)
        
       | vaxman wrote:
       | https://youtu.be/cvVBY4QuA5w
       | 
       | I hope Mark issues a public statement that he is dropping his
       | emergency arbitration against her and will allow her book to
       | Publish. I get why he did it, but it didn't work and now it is
       | hurting more than helping. There is no such thing as Bad PR --but
       | an open wound is a different story. (I am on his side in that I
       | don't neurotically hold people accountable for being dbags back
       | in their 20s and early 30s when they aren't that person
       | anymore...google for "brain development at 30" to see why.)
       | 
       | PS: Was at a startup that was wiped out by Instagram 4.3. This
       | was after Mr. SnapEgo reportedly turned down a cool $1B and
       | McAfee's lost son snapped up the technically troubled Vine (that
       | Mr. FootInHisMouth should probably retool and rebrand as "X
       | Prime").
        
         | alex1138 wrote:
         | Mr. SnapEgo referring to Zuckerberg?
        
           | vaxman wrote:
           | no
        
         | matthewdgreen wrote:
         | Lots of people behave stupidly in their early 20s, and then
         | grow out of it later in life. But the key is: they have to grow
         | out of it. I'm not convinced this is true of Zuck.
        
           | goldchainposse wrote:
           | Between his fashion accessories and Joe Rogan appearance, I'm
           | convinced he hasn't. Five years ago, Cheryl Sandberg would
           | call him on it. Today, he's surrounded by yes men.
        
           | vaxman wrote:
           | It's biological https://www.bbc.com/news/newsbeat-47622059
           | (mankind didn't know this until the relatively recent advent
           | of "live" brain imaging). Something similar happened with
           | SJobs and today people deify him.
           | 
           | Seriously though, Billy was a FB investor (in addition to
           | apparently being a Sith Lord who may have seen an Anakin-echo
           | in youngling Zuck) and it's assumed he didExert influence
           | during the dark period. It must have been intense for Zuck.
           | Can only hope such influence faded with the Epstein scandal,
           | but it's too late for Mark to stay in control of Meta now
           | anyway, unfortunately you have to take the Bad with the Good.
           | Mark's problem now is he's too young to retire and he really,
           | it's not like he can spin-off with Reality Labs and keep
           | going on the Orion stuff --without leadership, that market
           | isLost to Apple now (though Apple's entire C-suite is aging
           | out and since Elon is not available anymore..heh yeah: Zuck,
           | the next CEO of AAPL --halfway callin' it.)
        
         | goldchainposse wrote:
         | > allow her book to publish
         | 
         | You mean "Careless People?" It looks like it's on Amazon.
        
           | vaxman wrote:
           | https://www.thebookseller.com/news/meta-wins-bid-to-
           | prevent-...
           | 
           | It's very sad. She reported to Congress that she faces a $50K
           | per disparagement penalty. Let's say there are 25
           | disparagements in the book and it sells 100K copies into the
           | Billion+ FB user community. As she pointed out to Congress, a
           | disparagement is a truth. $5B for telling truths from seven
           | or eight years ago.
        
       | jmyeet wrote:
       | So there are two things you should always bear in mind about any
       | action taken by the current administration:
       | 
       | 1. Everything is for sale. Any laws, tariffs, regulations, etc
       | that negatively affect your interests can be bought off. Pardons
       | can be sold. Thanks for the Supreme Court, there is absolutely
       | nothing illegal about the President doing this anymore; and
       | 
       | 2. The courts are used to bend individuals and companies to the
       | policy and personal interests of the president. Take Eric Adams's
       | corruption case. The DoJ wanted to dismiss the case without
       | prejudice so it could be re-filed. This threat of future
       | prosecution was the point to keep Adams in line. The courts saw
       | through this thinly-veiled influence peddling and dismissed the
       | case with prejudice.
       | 
       | So Meta is being forced to kiss the ring. That means silencing
       | content critical of the administration and allowing right-wing
       | conspiracies and hate speech to spread unfettered.
       | 
       | I expect nothing to come of this because these cases all take a
       | decade or more to filter through various appeals, remands back to
       | the trial court, further appeals and so on. But it will
       | absolutely influence how Meta's recommendation algorithms work.
        
         | arrosenberg wrote:
         | I don't explicitly disagree with anything you wrote, but this
         | action was brought by the Biden administration (technically
         | they re-filed because the judge had thrown the original case
         | out, which was filed during Trump's lame duck period). Half of
         | Trump's support comes from populists, so the FTC has chosen to
         | continue the prosecution.
        
       | droningparrot wrote:
       | I just want to be able to message people on Instagram without
       | getting sucked into reels
        
       | snovymgodym wrote:
       | I do not understand what leg the FTC has to stand on in this case
       | at all.
       | 
       | I know the company is quite unpopular, but from an objective
       | legal standpoint I don't see how you can make an
       | antitrust/anticompetitive argument here.
        
         | charonn0 wrote:
         | They don't need to be a literal monopoly to be guilty of anti-
         | competitive practices.
        
           | granzymes wrote:
           | FTC does in fact need to show (directly or through indirect
           | evidence) that Meta has monopoly power in a relevant market
           | and that it abused that power in order to win a Section 2
           | case.
           | 
           | If the relevant market ends up including TikTok or YouTube,
           | FTC will be unable to make that showing.
        
       | busymom0 wrote:
       | Not a fan of Meta and I don't have IG, Facebook, WhatsApp etc.
       | 
       | However, even in 2012 or so when these acquisitions happened,
       | Snapchat was a much bigger thing. And for me, Reddit was a much
       | bigger thing than FB.
       | 
       | I think amongst the antitrust trials, this one is the weakest.
        
       | zeroonetwothree wrote:
       | I feel the spirit of antitrust being for the benefit of consumers
       | has been lost with the recent round of actions. Virtually every
       | action a corporation takes is "anticompetitive" because surely it
       | wants to defeat the competition. That's the whole point of
       | capitalism. We shouldn't be concerned until this is actually anti
       | consumer. And it's hard to prove consumer harm for free products
       | that aren't really necessary and have many alternatives.
        
       | NHQ wrote:
       | This trial is but a showcase for the berg zucker.
       | 
       | Legal proceedings focused on "social networks" and "browser
       | market shares" and app stores. These are ridiculous, superficial,
       | and meaningless.
       | 
       | If there was really such a thing as a monopoly on social
       | networking, you would have to kick people off the networks, not
       | just stop the companies operating them. What would change if
       | instagram had to become its own company again? The same people
       | would own it. And that is why antitrust is a joke, it does not
       | prevent the true monopoly of who controls what.
        
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