[HN Gopher] Judge dismisses FTC antitrust complaint against Face...
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       Judge dismisses FTC antitrust complaint against Facebook
        
       Author : ChrisArchitect
       Score  : 171 points
       Date   : 2021-06-28 19:17 UTC (3 hours ago)
        
 (HTM) web link (www.cnbc.com)
 (TXT) w3m dump (www.cnbc.com)
        
       | ChrisArchitect wrote:
       | link to court ruling PDF
       | 
       | https://storage.courtlistener.com/recap/gov.uscourts.dcd.224...
        
         | dang wrote:
         | I replaced https://news.ycombinator.com/item?id=27666416 in
         | your comment with the URL it points to. That way people can
         | click directly to go to the ruling, and we avoid the crankiness
         | problem with empty thread links (https://hn.algolia.com/?dateRa
         | nge=all&page=0&prefix=true&que...). I hope you don't mind!
        
           | spoonjim wrote:
           | If you are going to edit people's posts you should have the
           | original and edited posts displayed below your post.
        
             | dang wrote:
             | It's rare for us to do anything like this. My guess is that
             | as long as we tell people that we did it (and why; and as
             | long as it was for a good reason), it's not something most
             | of the community would object to. I don't think we need to
             | build new bureaucratic mechanisms.
             | 
             | In this case, I could avoided it by posting a different
             | comment with the same link and pinned that to the top
             | instead, but then ChrisArchitect wouldn't be getting the
             | karma for their contribution. That seemed unfair. Hence the
             | above.
             | 
             | I do sometimes think about building an edit-and-diff
             | mechanism for HN comments though! People could suggest
             | edits to comments and they could be treated like pull
             | requests. I can't tell if this is a great idea that would
             | massively improve the threads, or an idiocy. (Edit: I was
             | looking for a comment where I mentioned this not long ago:
             | https://news.ycombinator.com/item?id=25459870, and found
             | another one where I mentioned it 7 years ago:
             | https://news.ycombinator.com/item?id=8214456. That's nuts!)
        
               | spoonjim wrote:
               | Yes, but as a matter of policy, all English language
               | descriptions of what you did will have some wiggle room
               | for interpretation. For something as serious as changing
               | another person's words, you should have a special code
               | path, like text in a special color that says "edited by
               | moderator." Seeing that someone's post was edited
               | shouldn't require expanding a reply and interpreting it,
               | since editing someone's speech is far more delicate and
               | prone to catastrophic outcomes than merely suppressing
               | it.
        
               | dang wrote:
               | I hear you, but the problem is that such systems also add
               | cost, not just benefit. I don't only mean dev and
               | maintenance costs (although those too), but the cost to
               | the culture of making this place more bureaucratic. We've
               | always avoided that. HN is a spirit-of-the-law place, not
               | a letter-of-the-law one: https://hn.algolia.com/?dateRang
               | e=all&page=0&prefix=true&que....
               | 
               | Edit: oh one other point: there will always be "wiggle
               | room for interpretation". The idea of eliminating it is a
               | fantasy, and trying to build systems to eliminate it is a
               | wild goose chase.
        
               | diogenesjunior wrote:
               | I think some distinguishing attribute should be displayed
               | to show that a comment was edited by someone other than
               | the user. It's apparent to me that comments can be
               | edited. How can I be certain that mods haven't silently
               | edited a comment in the past?
        
               | dang wrote:
               | This is the sort of thing I think would be a mistake. I
               | posted a clear explanation of what I did and why. I
               | believe that's enough to satisfy the community. It does
               | leave a tiny minority unsatisfied who don't trust what we
               | say, but they are not satisfiable. For example, if we
               | added such a feature, how could you be certain that we
               | weren't secretly overriding it sometimes? You would
               | either have to take our word for it--in which case why
               | not just believe us in the first place?--or you would
               | need some other system to validate that one. This is how
               | you get systems upon systems, with no actual solution,
               | for a problem that doesn't even really exist. The same
               | issue would recreate itself at every step.
               | 
               | Don't get me wrong - I'm not saying "just trust us".
               | Trust is earned. But the way to earn it is to always be
               | open to questions, answer them as well as we can, and
               | when people point out mistakes, to admit them and fix
               | them quickly. That's what we try to do, and it's
               | important to see that this is informal and social. Formal
               | and technical methods are neither necessary nor
               | sufficient for community trust, and it would be a big
               | mistake to think otherwise, because it would steal
               | resources away from other things, like human-to-human
               | communication and making the site itself better, for no
               | real gain and a lot of secondary costs.
        
               | [deleted]
        
               | spoonjim wrote:
               | You're thinking about the culture of your site, I am
               | talking about the rights of your users. Your users create
               | the value and deserve it (honestly it should be protected
               | by law). If you edit the link and then someone takes over
               | the domain and makes it a porn site, that can cause
               | direct harm to your users. You need to accept the cost as
               | part of the cost of doing business, and if you really
               | edit posts very rarely than the bureaucratic impact
               | should be minimal.
        
               | dang wrote:
               | This strikes me as an archetypal example of the
               | legalistic sort of thinking that is popular with a vocal
               | minority of internet forum users who like to make
               | litigious arguments, look for problems that don't
               | actually exist in practice, then demand bureaucratic
               | systems to "solve" the "problems". I don't believe that
               | we're violating human rights by operating HN, and the
               | idea of building software to address such cases as
               | "someone taking over the domain and making it a porn
               | site" is an example of what I mean by problems that don't
               | exist in practice.
               | 
               | I don't mean to pick on you personally--it's a style of
               | thinking and arguing that I've encountered on a regular
               | basis. Being a moderator, and thus a sort of bureaucrat,
               | attracts arguments from the bureaucratically minded. All
               | I can tell you is that it's the opposite of how we think
               | about HN. In my view it would be an enormous mistake, as
               | in potentially fatal, to let this sort of thinking direct
               | how we operate HN or what features to add. The way I look
               | at it, HN users have a right to an interesting forum that
               | doesn't suck (or at least relatively doesn't suck),
               | that's a hard problem, and anything that detracts focus
               | from it is a really bad idea. I get that you think
               | differently and I don't mean to be disrespectful. But
               | yes, I am thinking about the culture of HN.
        
               | lwhi wrote:
               | I don't think what you did was awful, especially since
               | you went to the effort of explaining exactly what was
               | changed and why.
               | 
               | However, I also think there should be space for discourse
               | about the mechanics of the action; however academic that
               | discussion might end up being.
               | 
               | Personally, I think a suggestion to the OP encouraging
               | them to edit the post themself might have been a less
               | controversial method of achieving the same aim.
        
               | [deleted]
        
             | nightpool wrote:
             | I disagree, as a user I think what dang did makes sense and
             | was clearly explained to anyone viewing. Whether something
             | does or doesn't have special treatment in the software is
             | mostly orthogonal to the actual material impact of what
             | happened, which was clearly minimal here.
        
           | desperate wrote:
           | Not sure how relevant this is since it's a third party app,
           | but using Harmonic on mobile the original link would allow me
           | to view the PDF without downloading it (albeit after hitting
           | an empty HN page) while the direct link requires me to
           | download the PDF before viewing.
           | 
           | Tbh I'm just happy to have hacker news, continue as you are.
        
           | ChrisArchitect wrote:
           | yeah fine -- I was trying to account for many ppl just
           | sharing/submitting the link to the PDF and a whole discussion
           | ending up on that thread instead of here as I saw the PDF
           | posted in the wild first
        
       | kyrra wrote:
       | I think this is a good TLDR from WSJ:
       | 
       | > Judge Boasberg said the FTC's lawsuit was "legally
       | insufficient" because it didn't plead enough allegations to
       | support monopolization claims against Facebook. The judge,
       | however, said the commission can try again and gave it 30 days to
       | attempt to file an amended lawsuit.
        
         | granzymes wrote:
         | From the opinion, internal citations omitted:
         | 
         | > The FTC has failed to plead enough facts to plausibly
         | establish a necessary element of all of its Section 2 claims --
         | namely, that Facebook has monopoly power in the market for
         | Personal Social Networking (PSN) Services. The Complaint
         | contains nothing on that score save the naked allegation that
         | the company has had and still has a "dominant share of th[at]
         | market (in excess of 60%)." Such an unsupported assertion might
         | (barely) suffice in a Section 2 case involving a more
         | traditional goods market, in which the Court could reasonably
         | infer that market share was measured by revenue, units sold, or
         | some other typical metric. But this case involves no ordinary
         | or intuitive market. Rather, PSN services are free to use, and
         | the exact metes and bounds of what even constitutes a PSN
         | service -- i.e., which features of a company's mobile app or
         | website are included in that definition and which are excluded
         | -- are hardly crystal clear. In this unusual context, the FTC's
         | inability to offer any indication of the metric(s) or method(s)
         | it used to calculate Facebook's market share renders its vague
         | "60%-plus" assertion too speculative and conclusory to go
         | forward.
         | 
         | https://storage.courtlistener.com/recap/gov.uscourts.dcd.224...
         | 
         | The court also threw out the similar argument from 46 States
         | (and in a way that the States are unlikely to recover from):
         | 
         | > First, the States' Section 2 and Section 7 attacks on
         | Facebook's acquisitions are barred by the doctrine of laches,
         | which precludes relief for those who sleep on their rights.
         | Although Defendant purchased Instagram in 2012 and WhatsApp in
         | 2014, Plaintiffs' suit -- which seeks, in the main, to have
         | Facebook divest one or both companies -- was not filed until
         | December 2020. The Court is aware of no case, and Plaintiffs
         | provide none, where such a long delay in seeking such a
         | consequential remedy has been countenanced in a case brought by
         | a plaintiff other than the federal government, against which
         | laches does not apply and to which the federal antitrust laws
         | grant unique authority as sovereign law enforcer. If laches is
         | to mean anything, it must apply on these facts, even in a suit
         | brought by states.
         | 
         | https://storage.courtlistener.com/recap/gov.uscourts.dcd.224...
         | 
         | Relevant to both suits, the Court separately found that the
         | argument that Facebook violated antitrust law by revoking API
         | access for other apps that duplicated Facebook features lacked
         | merit (the policy is not a violation of antitrust law) and came
         | too late (the implementation when they revoked access was years
         | ago and there is no ongoing misconduct).
        
         | neonate wrote:
         | https://archive.is/CEVxC
        
         | ratsmack wrote:
         | This makes me wonder if they purposely submitted a weak case to
         | appear proactive for political purposes, while knowing it would
         | be tossed out. There is a lot of money that flows from big tech
         | into the political coffers, so you have to be careful to not
         | rock he boat too much.
        
           | Clubber wrote:
           | It's certainly plausible. I wonder how many of our
           | institutions are really "just for show," like the TSA.
        
             | Y_Y wrote:
             | What if we replaced the whole anti-monopoly/pro-competition
             | apparatus with a sign that just said "Everything is fine,
             | this is the market working as intended."?
        
               | tablespoon wrote:
               | > What if we replaced the whole anti-monopoly/pro-
               | competition apparatus with a sign that just said
               | "Everything is fine, this is the market working as
               | intended."?
               | 
               | "This is the market working as intended," does not imply
               | "everything is fine."
        
           | dragonwriter wrote:
           | > This makes me wonder if they purposely submitted a weak
           | case to appear proactive for political purposes, while
           | knowing it would be tossed out.
           | 
           | I think its more likely that they were confident that what
           | occurred (complaint dismissed with leave to refile) was the
           | worst they would get, and the best case was that the court
           | would accept the weak and easier to prove claims as
           | sufficient fact allegations to support the case.
        
           | markus_zhang wrote:
           | I wouldn't be suprised that FTC is just a friend. I mean it's
           | year 2021, they already figured this out in the 19th century.
        
         | Animats wrote:
         | The FTC gets another shot at that, and can probably prevail at
         | this level in the next round.
         | 
         | Challenging the acquisitions, though, came too late.
        
       | rvz wrote:
       | ...And Facebook reaches $1TN market cap too.
       | 
       | To Downvoters: So Facebook DID NOT reach and close above $1
       | trillon dollars in market cap after the dismissal of this
       | antitrust complaint? Are you prepared to refute this claim which
       | is backed by an article which is from the SAME NEWS SOURCE as the
       | one in this thread? [0]
       | 
       | Discuss.
       | 
       | It seems that having any sort of evidence-based logical
       | discussion or providing links to a reliable source does not apply
       | to this orange site and the illogical downvotes and zero replies
       | to this comment prove this.
       | 
       | [0] https://www.cnbc.com/2021/06/28/facebook-hits-trillion-
       | dolla...
        
         | [deleted]
        
       | flunhat wrote:
       | Some choice quotes from the ruling:
       | 
       | > The FTC is apparently unwilling to allege that Facebook has
       | ever (pre- or post-Instagram acquisition) had something like 85%
       | or even 75% market share; instead it hedges by offering only that
       | the number is somewhere north of 60%. The question naturally
       | arises: which firms make up the remaining 30-40%? Although
       | Plaintiff is correct that it is not required to identify every
       | alleged competitor in its pleadings, its choice to identify
       | essentially none is striking.
       | 
       | > The Court's decision here does not rest on some pleading
       | technicality or arcane feature of antitrust law. Rather, the
       | existence of market power is at the heart of any monopolization
       | claim. As the Supreme Court explained in Twombly, itself an
       | antitrust case, "[A]district court must retain the power to
       | insist upon some specificity in pleading before allowing a
       | potentially massive factual controversy to proceed." Here, this
       | Court must exercise that power. The FTC's Complaint says almost
       | nothing concrete on the key question of how much power Facebook
       | actually had, and still has, in a properly defined antitrust
       | product market. It is almost as if the agency expects the Court
       | to simply nod to the conventional wisdom that Facebook is a
       | monopolist.
        
         | JumpCrisscross wrote:
         | Also;
         | 
         | > The FTC has failed to plead enough facts to plausibly
         | establish a necessary element of all of its Section 2 claims --
         | namely, that Facebook has monopoly power in the market for
         | Personal Social Networking (PSN) Services. The Complaint
         | contains nothing on that score save the naked allegation that
         | the company has had and still has a "dominant share of th[at]
         | market (in excess of 60%)." Redacted Compl., P 64. Such an
         | unsupported assertion might (barely) suffice in a Section 2
         | case involving a more traditional goods market, in which the
         | Court could reasonably infer that market share was measured by
         | revenue, units sold, or some other typical metric. But this
         | case involves no ordinary or intuitive market. Rather, PSN
         | services are free to use, and the exact metes and bounds of
         | what even constitutes a PSN service -- i.e., which features of
         | a company's mobile app or website are included in that
         | definition and which are excluded -- are hardly crystal clear.
         | In this unusual context, the FTC's inability to offer _any_
         | indication of the metric(s) or method(s) it used to calculate
         | Facebook's market share renders its vague "60%-plus" assertion
         | too speculative and conclusory to go forward. Because this
         | defect could conceivably be overcome by re-pleading, however,
         | the Court will dismiss only the Complaint, not the case, and
         | will do so without prejudice to allow Plaintiff to file an
         | amended Complaint.
         | 
         | Not sure what the FTC's game plan was going into an antitrust
         | fight without a market share pitch.
        
           | FridayoLeary wrote:
           | Ouch. The judge didn't really hold back there, the guys in
           | FTC must be stinging. I'm not a fan of FB but it doesn't
           | sound like FTC deserved to win that case.
        
           | aardvarkr wrote:
           | Thanks for highlighting this part of the text. It's shocking
           | to see how vague the complaint was and I hope they get their
           | facts together because this action needs to happen. If I
           | recall correctly, this antitrust lawsuit was filed
           | prematurely because trump wanted to claim credit for it and
           | there was quite a hullabaloo about it at the time.
        
             | danpattn wrote:
             | If the FTC did file prematurely for political reasons they
             | should've known that the case didn't have a chance. I hope
             | they kept working behind the scenes on a well-formed one.
             | Maybe that was the original plan, rush in with a case to
             | please the Trump administration then follow up with the
             | actual complaint once they finish it. Then again, this may
             | be wishful thinking. Incompetence is a much simpler
             | explanation.
        
               | einpoklum wrote:
               | > If the FTC did file prematurely for political reasons
               | they should've known that the case didn't have a chance.
               | 
               | Perhaps they did know the case wouldn't have a chance.
               | Perhaps there isn't a plan to follow up with the actual
               | complaint. It's not like the federal government has
               | seriously pursued anti-trust activity in recent decades.
        
           | dathinab wrote:
           | > Not sure what the FTC's game plan was going into an
           | antitrust fight without a market share pitch.
           | 
           | Maybe their plan was to lose to destabilize any later lawsuit
           | which would have had a reasonable chance of winning?
        
         | alfalfasprout wrote:
         | One important thing to call out here is that even the above two
         | points don't actually matter in the final dismissal.
         | Ultimately, it boils down to something simple: time.
         | 
         | The FTC had nearly a decade to bring something up and it
         | didn't. This ultimately is problematic because Facebook would
         | look at this and clearly see the FTC had no problems with its
         | actions. So to look at Facebook's conduct in the time that has
         | passed is ultimately unfair to Facebook. Since its actions
         | since would have been seen as being compliant.
        
           | zamadatix wrote:
           | Pages 50-53 are actually about why the court doesn't consider
           | it a valid argument against the case, including precedent
           | against the argument.
        
         | thehappypm wrote:
         | If you think about Facebook the consumer platform, it has a
         | high market share, but there are a lot of competitors in the
         | space. Social content site competitors include TikTok, YouTube,
         | and Reddit. Messaging app competitors include iMessage and even
         | SMS.
         | 
         | Facebook the business (selling ads) is a large business but the
         | largest advertiser is Google, so they aren't even the leader.
        
           | twobitshifter wrote:
           | Hypothetically, Facebook has a monopoly in social networking,
           | but then they decide to launch a roblox clone tomorrow. Since
           | they have a new product line where they don't have a
           | monopoly, we should look the other way? It's true that
           | Facebook exists in many spaces where they are not dominant
           | but that does not diminish their dominance - in fact it's
           | their platform dominance that makes them so dangerous to
           | smaller companies in other spaces.
        
             | graeme wrote:
             | You're commenting on a thread about reality, not a
             | hypothetical, where the judge specifically called out
             | reasoning such as yours that argues Facebook is a
             | monopolist without defining terms or making concrete market
             | share arguments.
        
             | MattGaiser wrote:
             | > but that does not diminish their dominance - in fact it's
             | their platform dominance that makes them so dangerous to
             | smaller companies in other spaces.
             | 
             | You have to demonstrate somehow that the dominance exists
             | in a rigorous way.
        
             | whoisjuan wrote:
             | I honestly think that the idea that social networking is
             | monopolizable is absurd.
             | 
             | There are billions of online person to person interactions
             | that happen outside of Facebook. There are hundreds of
             | thousands of websites and communities that allow
             | communication, discussion and sharing of user generated
             | content. There are hundreds of thousands of online spaces
             | that provide an outlet to augment a message.
             | 
             | So if anything, regulators should start by redefining
             | what's a monopoly because the current definition clearly
             | doesn't fit the classic narrative around monopolies.
        
           | TheAdamAndChe wrote:
           | Thinking of Facebook merely as a consumer platform seems
           | overly broad to me. Each of those are social networks, but
           | they fill a particular niche in the social experience.
           | YouTube is for asynchronous videos from people you generally
           | don't directly know, Reddit is for pseudoanonymous
           | communities, etc.
           | 
           | Facebook's niche is in one-to-many communication with people
           | you directly know. It's also arguably one of the stickiest
           | forms of social network because of the strength of its
           | network effects. There is very little real competition in
           | that niche.
        
             | nindalf wrote:
             | Hacker News is a monopoly in the social-news-aggregator-
             | with-a-tech-focus-along-with-other-interesting-content-and-
             | strong-moderation-space. dang better watch out for the FTC.
        
               | scotuswroteus wrote:
               | -and-an-emphasis-on-downvoting-me
        
             | dageshi wrote:
             | If you keep narrowing the focus down, every product becomes
             | a monopoly on its functionality?
        
             | crazygringo wrote:
             | Finding niches is how competition _happens_. Another term
             | for it is market differentiation. Even if two products
             | /companies start out identically, they quickly diverge
             | somewhat.
             | 
             | Pepsi doesn't copy Coca-Cola's marketing about being a
             | sexy/mainstream drink, they create their own niche of being
             | for younger independent personalities.
             | 
             | When people choose to get their viral news from Reddit
             | rather than Facebook, or their viral videos from YouTube
             | rather than Facebook, that's competition period.
        
               | TheAdamAndChe wrote:
               | The difference between Coke and Pepsi is marketing and
               | flavor, but they directly compete in the same market. The
               | products they have are virtually the same, only minor
               | differences.
               | 
               | The product differences between, say, Facebook and
               | YouTube are night and day. You wouldn't add an
               | acquaintance on YouTube and start messaging them through
               | that platform. I'm not sure you can even message people
               | like that on it anymore. But you can on Facebook. They're
               | fundamentally different products, they only align because
               | they both have some sort of social aspect to them. Kind
               | of.
        
               | kube-system wrote:
               | This is a matter of perspective. Being intimately
               | familiar with the differences between YouTube and
               | Facebook, you can point out many differences. I'm sure if
               | you were a food scientist or food marketing exec you
               | could point out many difference between different soft
               | drinks. These differences are market differentiators, not
               | evidence of being in an entirely different market.
               | Outside of the tech sphere, people see social media as a
               | monolith in the same way that you see the soft drink
               | industry.
        
               | crazygringo wrote:
               | I'd look at it a different way: "Facebook" and "YouTube"
               | aren't single products, but rather each one is a
               | collection of something like 10-20 products that live on
               | a single platform.
               | 
               | For "viral videos", Facebook and YouTube (and Reddit)
               | _absolutely_ directly compete in the same market.
               | 
               | For "educational videos", YouTube competes with other
               | platforms.
               | 
               | While for "tracking social acquaintances" Facebook
               | competes with the Contacts apps by Apple and Google, as
               | well as other messaging apps.
               | 
               | Really there's no such product category as a "Facebook"
               | or a "YouTube". And Facebook's original product category
               | -- to keep track of social contacts and post public and
               | private social messages -- is now only a tiny part of
               | Facebook.
        
               | jjk166 wrote:
               | Facebook and YouTube are both in the market for users to
               | show advertising to, and generally every minute spent on
               | one is a minute explicitly not spent on the other. If
               | facebook were selling communication with friends, then
               | YouTube would not be a competitor, but that's not
               | Facebook's business, nor would anyone argue that Facebook
               | has a monopoly on talking to your friends.
        
             | MattGaiser wrote:
             | You can define any company as a monopoly if you dig deep
             | down enough through market segments and features.
        
               | cycomanic wrote:
               | That argument goes the other way as well, you can
               | construct every company as being not a monopoly by
               | painting the market segment broad enough.
               | 
               | I don't think this is a valid argument.
        
               | MattGaiser wrote:
               | At least in the cases of Standard Oil and Bell, you would
               | have needed to define the markets as energy and
               | communication (including the post office) for them to not
               | have had near total control.
               | 
               | You could state the generalized product they sold and
               | their total control was evident.
        
               | nightpool wrote:
               | How is "communication" not potentially as broad as
               | "Social media platform"? Basically every form of digital
               | communication falls under the banner of social media
               | platform these days. (The GP comment cites Reddit,
               | YouTube and SMS--as diverse a set of websites from
               | Facebook (while still being communication-focused) as I
               | could imagine)
        
           | Retric wrote:
           | Saying Facebook and YouTube are direct completion seems like
           | a huge stretch. Google made G+ specifically because as Far as
           | Google was concerned it lacked a direct Facebook competitor.
           | 
           | In what way can consumers substitute normal use like sharing
           | photos with family members on Facebook with YouTube?
        
             | kube-system wrote:
             | As a literal answer to your question, here's how to post
             | photos on YouTube:
             | https://support.google.com/youtube/answer/7124474
             | 
             | But if I understand correctly, determining whether two
             | companies are competitors is more about their markets,
             | rather than their feature sets.
             | 
             | From the ruling text:
             | 
             | > Although the precise definition of a "Personal Social
             | Networking Service" is disputed (as that is the market in
             | which Facebook has its alleged monopoly), it can be
             | summarized here as one that enables users to virtually
             | connect with others in their network and to digitally share
             | their views and experiences by posting about them in a
             | shared, virtual social space.
             | 
             | YouTube would fit that definition.
        
               | [deleted]
        
               | Retric wrote:
               | That's not even vaguely the same thing.
               | 
               | Still if in your opinion YouTube was a "Personal Social
               | Networking Service" then why do you think Google have
               | made G+?
        
               | kube-system wrote:
               | It's not my opinion, it's what the court said in
               | plaintext. YouTube undeniably: "enables users to
               | virtually connect with others in their network and to
               | digitally share their views and experiences by posting
               | about them in a shared, virtual social space."
               | 
               | Competing on features != competing in a different market.
               | Feature sets and markets are two very different things.
               | 
               | What definition would you use to define Facebook's
               | market?
        
               | Retric wrote:
               | Features define the market.
               | 
               | Spray paint manufacturers aren't in pen market even if
               | you can "recorded text and images in a durable fashion
               | with them." Lighting a couch on fire sure produces a lot
               | of lights but couch manufactures are not part of the home
               | lighting market.
               | 
               | EDIT: But let's ignore that. Sure, YouTube has roughly
               | the share of social networking market as the number of
               | people posting vacation photos on it. That might just add
               | up to 0.0001% market share.
        
               | kube-system wrote:
               | If you define the market as [the previous definition] +
               | [photos], Facebook still has significant competitors.
               | 
               | I can't think of any definition that would only apply to
               | Facebook that isn't so narrow as to be unprecedented as a
               | definition of an entire market.
               | 
               | Bell was "telephone service". Standard oil was "oil".
               | What's a comparable definition for the market that
               | Facebook is in?
        
               | jshen wrote:
               | By that vague definition, any app/site with UGC is a
               | personal social network which is not a very useful
               | definition.
        
             | root_axis wrote:
             | They are absolutely in competition, Facebook video content
             | is _massive_ and there is a ton of video content accessible
             | only via Facebook. If there is any doubt, jump on Facebook
             | and start scrolling through their video section.
        
               | Retric wrote:
               | Microsoft and Nintendo are in competition, that doesn't
               | mean Nintendo in in the office productivity market.
        
               | root_axis wrote:
               | They are both in the video game console market though...
        
           | brundolf wrote:
           | Of all the big tech, Facebook seems like the _least_
           | monopolistic to me. They have a totally different set of
           | issues (ones that we may not have laws to deal with yet),
           | mainly around having disproportionate power over society and
           | the psyches of individual citizens. But  "monopolist" feels
           | like a pretty weak case.
        
             | xxpor wrote:
             | Everyone's trying to shoehorn tech into existing frameworks
             | because they know passing new laws is too hard. As the
             | judge pointed out though, you can't just make shit up and
             | expect to get away with it.
        
           | ethbr0 wrote:
           | Facebook the ad business is the monopoly.
           | 
           | What really needs to happen is to amend monopoly definitions
           | _in cases where a captive market is present._
           | 
           | The issue with Facebook isn't that they own 100% of the ad
           | market, but that they control 100% of the _Facebook_ ad
           | market, which is itself large enough to constitute monopoly
           | concerns. (As with Apple and Google app stores)
           | 
           | Advertising is trickier than apps in terms of separation, but
           | my gut says things would be better if companies _with large
           | captive market share_ were required to wholesale ad space and
           | targeting via standardized mechanisms.
           | 
           | And were _specifically prohibited_ from developing any kind
           | of value add ad products on top of their platforms.
           | 
           | Just too much conflict of interest.
        
             | JumpCrisscross wrote:
             | > _isn 't that they own 100% of the ad market, but that
             | they control 100% of the Facebook ad market_
             | 
             | You need to define these terms in a way that doesn't make
             | everything a monopoly. Because by this logic, my corner
             | flower vendor has a monopoly on her corner and also on the
             | flowers she is holding in her hand right now.
        
               | ethbr0 wrote:
               | Submarkets over a certain size, controlled by a single
               | party
        
               | JumpCrisscross wrote:
               | > _Submarkets over a certain size_
               | 
               | This moves the problem of defining a market to defining a
               | submarket.
               | 
               | Please don't interpret this as my being facetious. In the
               | days of good and services being sold to consumers, we had
               | metrics to measure this. The government measured and the
               | courts incorporated said metrics into antitrust law.
               | Those measures don't work well in the digital era. These
               | cases are about proposing new measures and getting them
               | to stick.
               | 
               | Mind bogglingly, the FTC didn't propose such a metric.
               | That's why its complaint was dismissed. I'm curious to
               | see what they propose, if anything.
        
               | twoodfin wrote:
               | Like the "submarket" of Costco & Costco's shelves?
        
               | MattGaiser wrote:
               | The submarket of Walmart shelves? This would basically
               | ban any business that sells goods/services from going
               | beyond a certain size.
        
               | [deleted]
        
           | Ericson2314 wrote:
           | Traditional notions of market share were companies selling
           | commodities (oil, rail travel) with undifferentiated
           | products.
           | 
           | Now everything is extremely differentiated so it's hard to
           | find _any_ products that are clearly competing apples to
           | apples. The markets of these things overlap funnily such I
           | almost wonder if the graph of  "quasi-competing" products is
           | fully connected.
           | 
           | -----
           | 
           | The institutional power of these firms isn't just in the
           | things they sell. It is also in people's dependence on the
           | non-fungible free services, etc.
           | 
           | We do need new laws so issues with the courts in some sense
           | are good to force the issue.
        
             | lwhi wrote:
             | Surely these companies are advertising platforms selling
             | attention?
        
       | NikolaeVarius wrote:
       | I dislike/hate facebook. I have no idea why anyone thinks they
       | have a monopoly. I use social services just fine without FB
       | services
        
         | laurent92 wrote:
         | If the lawsuit were in Brazil, it would be clear: It is
         | impossible to access a majority of services without Whatsapp.
         | Most phone numbers / chat services have no alternative except
         | through Whatsapp, even in the administration.
        
           | HatchedLake721 wrote:
           | What kind of "majority of services"?
        
         | bogwog wrote:
         | I haven't read any of the court documents, and even if I did I
         | probably wouldn't understand most of it because I'm not a
         | lawyer.
         | 
         | But... Facebook has engaged in anti-competitive practices in
         | the past and continues to do so today. I agree that just
         | calling them a "monopoly" isn't very helpful, because they're a
         | big company involved in many different markets.
         | 
         | Most people hate Facebook nowadays, but their anti-competitive
         | behavior is not one of the top 3 reasons (probably).
         | 
         | I think if people focus on this single question: "Is <company>
         | immune to competitive forces in <market>?", then the question
         | of should we regulate/how should we regulate/etc becomes much
         | easier to answer.
        
       | ineedasername wrote:
       | Unfortunate, but per nthe article it looks like the FTC dropped
       | the ball by not providing enough specificity in it's claims and
       | assuming the court would agree that Facebook is a monopoly prima
       | facie.
        
         | Dracophoenix wrote:
         | Because they can't without shooting themselves in the foot. If
         | the FTC defined a monopoly as widely as Ms.Khan did in her Yale
         | Law Review paper, they'd alienate the entirety of the F500 and
         | create a constitutional minefield. It might be litigated for a
         | few years but ultimately the charge of being an illegal
         | monopoly, along with any argument built on that charge, would
         | ultimately be dismissed. What they probably wanted was to send
         | in to most general and inoffensive charges first and amend
         | their claims as needed.
        
       | AcerbicZero wrote:
       | It's almost amusing how effective "our" government can be at
       | pushing certain things through "their" courts, while at the same
       | time being almost comically ineffective in other areas. Same
       | government, same courts, different outcomes.
        
       | wolverine876 wrote:
       | The court says that the FTC didn't factually establish that
       | Facebook has sufficient market power to qualify as a monopoly (as
       | I understand it).
       | 
       | In a certain market, Facebook + Instagram have great market
       | power, but it depends on how you define the market. I'm curious
       | if anyone has done it, maybe financial analysts, and how they
       | define it:
       | 
       | * If the market includes public messaging, such as Twitter, then
       | Facebook's power is relatively much diminished.
       | 
       | * If the market includes public forums, such as Reddit, HN, and
       | every phpBB board, then it's hard to say Facebook controls
       | monopoly power.
       | 
       | * LinkedIn provides similar service to professionals
       | 
       | * Where does Pinterest fit? TikTok?
       | 
       | Part of the problem is that Facebook competes in all these
       | markets. In which one(s) do they have a monopoly and how are they
       | defined? 'Personal user page + social communication'?
        
         | jdgoesmarching wrote:
         | This whole conversation becomes a lot easier if we realize that
         | two things can be true:
         | 
         | 1. Facebook has an uncomfortable level of power in advertising,
         | eyeballs on screens, and proprietary data
         | 
         | 2. Legals definitions that were created over 100 years ago
         | mostly focused on price gouging are not going to address this
         | neatly
        
           | LanceH wrote:
           | The whole conversation is a lot easier if you just define
           | Facebook as a monopoly.
           | 
           | #1 is assuming the argument, really. #2 is stating that old
           | law doesn't work and implying we need new law to let us do
           | what we want...again, assuming there is a problem, making no
           | attempt to determine whether there is a legal problem
        
           | blsapologist42 wrote:
           | It's not the job of the judiciary or the FTC to create new
           | laws. If Facebook is not violating current laws there's
           | nothing for them to do, it would require new legislation.
        
         | gamblor956 wrote:
         | No, the court says the FTC didn't _allege_ that Facebook has
         | sufficient market power to qualify as a monopoly. Factual
         | determinations come later in the process.
         | 
         | The court dismissed the pleading document (the initial
         | complaint) due to its inadequacies _but not the case itself,_
         | which means that the FTC can file a new complaint with more
         | detailed allegations.
         | 
         | The rough order of civil procedure: the complaint, where the
         | plaintiff(s) makes _allegations_ of fact and law about the
         | defendant party (or parties). This is followed by discovery,
         | where the actual fact-gathering occurs, then usually a motion
         | for summary judgment adjudicated on the facts acquired during
         | discovery, and finally, a trial on the merits (unless the
         | parties settle first).
        
         | gautamdivgi wrote:
         | Facebook doesn't have a "market" in messaging or social
         | networks. To be fair they don't sell messaging or social space.
         | 
         | Facebook's "market" is advertising in which it isn't the
         | leader.
         | 
         | I guess it would be hard to prove a monopoly on something you
         | don't even sell.
        
         | fallingknife wrote:
         | If the WhatsApp merger is in question, the FTC would have to
         | define the market very broadly. I don't think there is any case
         | to be made that FB has monopoly power over the messaging
         | market, so I don't think they are likely to succeed.
        
       | mdoms wrote:
       | It's such a shame that in the American culture the terms "anti-
       | trust" and "monopoly" have become so closely coupled.
        
         | jjk166 wrote:
         | A corporate trust is a monopoly or a near-monopoly, so it is
         | neither surprising nor shameful that the term anti-trust should
         | be associated with monopolies.
        
           | mdoms wrote:
           | The intent of antitrust law is to prevent anti competitive
           | behaviour. This may include, but is absolutely not limited
           | to, monopolistic behaviour.
        
             | cogman10 wrote:
             | Yeah, and it really is unfortunate that monopolistic
             | behavior is the only place the US (lightly) goes after
             | anti-competitive behavior.
             | 
             | ISPs are another example where they should get involved but
             | don't. I'd love to see the US either turn the internet into
             | a public utility or trust bust the snot out of big telcoms
             | like comcast and AT&T.
             | 
             | Even now, in my local market a new fiber provider is coming
             | to town, and wouldn't you know it, my ISP prices have
             | dropped for the first time in years to be ever so slightly
             | lower than this provider.
        
       | theptip wrote:
       | Lots of questions in this thread asking the obvious-yet-difficult
       | question of "in what market / in what sense does FB have a
       | monopoly?"
       | 
       | I think Ben Thompson has the analysis right here.
       | 
       | High-level summary: https://stratechery.com/2019/tech-and-
       | antitrust/
       | 
       | Facebook-specific analysis: https://stratechery.com/2017/why-
       | facebook-shouldnt-be-allowe...
       | 
       | With the key bit of analysis being (from the latter):
       | 
       | > Facebook, for its part, had, for better or worse, transitioned
       | to a public app that not only handled symmetric relationships,
       | but, at least according to perception, asymmetric broadcast as
       | well; that, though, left an opening for an app like Snapchat.
       | Thus Facebook's acquisition drive: the company had already
       | secured Instagram, giving it a position in asymmetric ephemeral
       | broadcast apps; Snapchat rebuffed advances, so the company soon
       | moved on to WhatsApp.
       | 
       | > The importance of these two acquisitions cannot be overstated:
       | Facebook has always been secure in its dominance of permanent
       | social relationships, a position that has given the company a
       | dominant position in digital advertising. However, while everyone
       | may need a permanent place on the Internet (all of those
       | teenagers people say Facebook needs to reach have Facebook
       | accounts), the ultimate currency is attention, and much like real
       | life, it is ephemeral conversation that dominates. Facebook, by
       | virtue of early decisions around privacy and significant bad
       | press about the dangers of revealing too much, was locked out of
       | this sphere, so it bought in.
       | 
       | So if we segment the markets along the lines that consumers tend
       | to intuitively percieve, FB has monopoly over public symmetric
       | (personal) social networking. That seems like a coherent market
       | segment definition to me. Though of course that's a lot of
       | qualifiers so I could easily see someone objecting that they are
       | arbitrary/post-hoc.
       | 
       | As a separate point, perhaps someone with legal expertise can
       | comment on this one - I'm curious why the FTC's complaint relied
       | on establishing a monopoly; the Sherman Act doesn't actually
       | require establishing a monopoly; anticompetitive conduct that
       | attempts to establish a harmful monopoly is also illegal (e.g.
       | see https://www.justice.gov/atr/competition-and-monopoly-
       | single-...). It seems obvious to me that FB's acquisitions were
       | primarily intended to acquire a monopoly (if they didn't already
       | have one), indeed Zuckerberg explicitly stated that he was trying
       | to prevent a competitor from emerging in the emails that were in
       | these court cases.
        
         | xxpor wrote:
         | >anticompetitive conduct that attempts to establish a harmful
         | monopoly is also illegal
         | 
         | I think point 3 is the relevant bit: "a dangerous probability
         | of achieving monopoly power."
         | 
         | It seems like the judge is basically saying that probability
         | isn't high enough based on their market share (that the FTC
         | couldn't even give a good number for).
        
       | markus_zhang wrote:
       | We should dispel the illusionthat large corporations compete
       | freely with each other so monopoly requires something like 75%
       | -80% of market share.
       | 
       | In reality even a (consistent) 20% market share is pretty much
       | good enough IMHO. You have a bunch of corporations, each taking
       | about 20% and they will collude 100%.
        
         | DannyBee wrote:
         | You are confused. The law already recognizes collusion claims
         | and they are unrelated to monopolies (as they should be)
         | 
         | The FTC did not plead collusion here
        
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