Looks like the Federal Trade Commission's opposition to Facebook's attempt to dismiss their case to break the company into bits for anticompetitive behavior was just filed. Night reading...
this summary of amended complaint's metrics to establish market power is a reminder how absurdly Facebook's lobby tried to argue FTC hadn't backed up their monopoly claim. Having been around a few digital media businesses for 25+yrs, these are valid metrics to move forward. /2
oh, and there's that not-so-minor point, too. the competition used the same metrics. /3
Yes, Facebook argued Daily Active Users and Monthly Active Users didn't measure intensity and then ignored the 3rd metric (Time Spent) which very much measures intensity because according to FB not 100% of the app usage was personal social networking services. Seriously. /4
those who have been around long enough to know the history of comscore (or the company formerly known as MediaMetrix) may enjoy this point to the courts. Amen. Just give us the data, please. /5
Damnit, Mark. As our autocratic CEO, you can't entirely undermine our attempt to create a legal argument to protect you. /6
Raise your hand if you've been unsatisfied with Facebook and Mark Zuckerberg's products.✋🏽/7
There they go again - facebook employees serving up the evidence to entirely undermine our legal arguments. This is why Google reportedly sent out a list of rules of what not to say in writing. /7
I've yet to find anyone to argue with me that the world, and I mean the entire world, would be different if Facebook and Instagram would have had to actually compete with each other over the last five years. /8
side note, little known but we learned through leak documents that this "enforcer" on the legal side was Monika Bickert - years before she pivoted into being Sheryl and Mark's trusted lieutenant on policing content and defending the company in front of lawmakers and on CNN. /9
I mean it doesn't read well - they weaponized their app platform and access to their data by restricting any other app from competing with them in exchange for access while at the same time not letting any app integrated with a competitive personal social network. /10
Zuckerberg and Sandberg have pulled the football on the industry so many times it isn't funny. The word of the company has zero value - I have too many examples to count. /11
I may know someone who signed a multimillion dollar deal for access to those APIs then was cut off from them going forward. I bet we all do. /12
If I were God for a day, I would just restrict Facebook from collecting any/all data from outside and across each of its respective apps (if they're not split up in this case) as the German Cartel Office has ordered. It's a reasonable remedy for their data abuses. /13
It seems like with the $5 billion pay-off and ***second*** consent decree with the Federal Trade Commission, the regulator may be now taking a hint about the moral bankruptcy of the company. /14
Ha, and there it is. Exactly to my last tweet, the Federal Trade Commission says the quiet part out loud, "no one trust you, Facebook. Your word is 'meaningless.'" /15
And glad FTC made this argument regarding the Chair. Imagine if having an adverse opinion of Facebook Inc actually disqualified people from prosecuting a case against Facebook, there would be no lawyer left standing. /16
Here is a link to my thread on the full amended FTC complaint. My abbreviated analysis of tonight's filing is this case is moving forward regardless of the spin Facebook fed through its lobby and influencer-flex when it was originally filed. /eof
Saturday’s “No Kings” protests have filled front pages across America with impactful visuals and headlines of peaceful protests. Many included the eye popping NYC Times Square shot. Here in the Dothan Eagle (Alabama). But everyone turned out. See Montana in its Missoulian. /1
Plenty of big city energy from St. Louis, Missouri to Chicago, Illinois. /2
Midwest with Cleveland, Ohio to Pittsburgh, Pennsylvania. /3
US v Google remedies: Nothing groundbreaking from return of DOJ’s star economist this morning. Court tested if his concerns over solely behavioral remedies assume distrust in Google (won’t follow court orders). I don’t think it mattered relative to where we were last night... /1
Yes, some will read as leaning against structural-remedy interest. I took it simply her clarifying she doesn’t need to lean on distrust if structural is shown tech feasible. Although witness pointed out distrust harms competition investment levels. /2
Court also very much nodded head when witness Lee explained why he didn’t do “but for” analysis to a dollar amount. Mehta also determined in search it was infeasible and unnecessary so cross that out of Google’s defense imho. /3
ok, this is HUGE. Late Friday, Penske (PMC) filed a wicked-smart, landmark antitrust lawsuit against Google. I've now read it in full and I'm very impressed. Importantly, it's the first antitrust suit for Google tying its AI-driven products to its adjudicated search monopoly. /1
The core claim: Google is abusing its search monopoly to force pubs to hand over content - not just for traditional search indexing but to feed its AI. Google then repurposes it to substitute them with its own services breaking the fundamental bargain of the open web. /2
Penske says this is not a fair exchange. If it weren't for Google's adjudicated monopoly power (recall Judge Mehta said they get 19x as many queries as next biggest), Google would be paying pubs for these rights or if it didn't then they would opt-out of providing them. /3
OK all ye people depressed Judge Mehta didn't order Google broken into bits this week. I'm here to cheer you up. DOJ has its other remedies trial in 16 days and just posted its PFJ (Proposed Final Remedies) now 60+ pages of brilliant detail. Let me walk you through key terms. /1
This is the 2023 US v Google adtech win - the one DCN and its premium publishers have long been much more deep and focused on. Here’s what it means for publishers of all types - and why it will be a massive win for the open web if Judge Brinkema signs on (I believe she will). /2
First, clear structural remedies. Google must divest AdX, its ad exchange, w/in 2yrs and likely DFP, its publisher ad server. No more vertical ad stack monopoly with interest conflicts. This would finally decouple tools Google can use to rig auctions and suppress pub revenues. /3
All eyes at Google on streaming NFL game tonight but Google Inc and its many monopolies have had quite the week. I’ve been absorbing on this end, some quick Friday thoughts on things missed. Bad news certainly for the public, and also DCN members, in US v Google Search case. /1
Judge Mehta said "no thanks" to helping publishers - because he said no pubs testified. Maybe that’s what retaliation fear looks like??? He also noted the unlawful conduct was about distribution deals, not deals with publishers. More on that in a minute. /2
Despite Mehta finding Google illegally maintained its 95%+ search monopoly with browser deals, he also said it’s OK for Google to keep owning Chrome - the world’s biggest browser - so they can keep paying everyone else and free riding on their own browser. All bad here. /3
Woah. Facebook just settled immediately before board members Andreessen, Thiel, Zuckerberg, Desmond-Hellman, and Sheryl Sandberg were set to testify as to who knew what and when…depriving public of any accountability and facts in courtroom from board and officer comms. 1/3
Counter to Facebook lawyers framing yesterday, the DC AG suit isn’t dead (awaiting DC Circuit from 1/30 hearing), and NdCal shareholder suit also still alive. This is the closest to
Courtroom testimony after about $8B+ in settlements. 2/3
Credit to Reuters, Delaware Online who I saw actually showed up to cover. It’s likely why Facebook, Zuckerberg and its board, let this one get so close. But the grid. But today things were likely to get very very hot. 3/3