Jason Kint Profile picture
Nov 18, 2021 19 tweets 7 min read Read on X
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
"Meta disagreed."
First news report I've seen is from Reuters.
reuters.com/technology/us-…

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More from @jason_kint

Nov 5
Just before the clock struck midnight, the Dept of Justice and Google filed their updated Findings of Fact and Conclusions of Law in the adtech antitrust trial ahead of closing arguments (Nov 25th/EDVA). /1
Google clocked in at 787 pages, DOJ at 422. Much more reading but I found the most enjoyable sections to be DOJ's reminders of Google's evidence abuses along with killing the duty to deal arguments Google has been pumping through its tentacles of paid proxies. /2
"Google chose to train its employees about how to abuse the attorney-client privilege and destroy documents." This was a big freaking deal before the trial started, in all of Google's other antitrust trials and it will be here, too. Don't forget it. /3 Image
Read 9 tweets
Oct 23
Google break-up talks. Big hearing tomorrow fighting over discovery. One question unanswered is... YouTube. Where does it sit? Almost no mention in any of the trials (app store, adtech, search) although arguably one of the most significant "fruits" of G's monopoly abuses. /1
I use the word, "fruit," intentionally as case law says one of the four critical objectives in remedies is denying them and it's fairly unequivocal YouTube is YouTube due to the query+click scale of Google's 90%+ market share in search. YouTube is now #2 discovery surface. /2 Image
Why hasn't YouTube come up more? I would argue it clearly wasn't needed to prove the liability in the trials. And Google's legal defenses have focused on trying to muddy the relevant market. Google worked hard but failed to bring in video (think TV, Netflix, TikTok) in market. /3
Read 13 tweets
Oct 9
There it is. Confirmation directly from the Department of Justice that divestiture of Chrome, Android and/or Play are all on the table as remedies to Google's antitrust abuses. US DOJ's remedies framework just posted. Their final proposal is due Nov 20th. /1 Image
It's a fairly broad, ten pages that starts by reiterating the findings of the DC Court and the duty to seek an order not only addressing the existing harms from Google's illegal conduct but - this is critically important - prevent recurrence going forward. /2 Image
here are the listed findings in a tl;dr format. Note the point of illegal conduct for over ten years and the importance of scale and data. /3 Image
Read 8 tweets
Oct 7
Ka-Boom. Federal court just issued remedy for Google's app store monopoly (found liable by jury earlier this year). Note: this is on the eve of US DOJ posting its remedy framework for Google's monopolies in Search and Search text ads. And yes, adtech opinion to come... /1 Image
Looks like 3 years (I think Epic asked for 6) on a long list of restricts to attempt to cure Google's monopoly abuse in its app store (Google Play). We'll need to do a full review but this section may be most notable for @DCNorg members. And yes, Google will likely appeal. /2 Image
Here is a link to the Injunction: /3storage.courtlistener.com/recap/gov.usco…
Read 13 tweets
Oct 5
Woah. Lawsuit against Facebook for overpaying $5b+ to FTC and SEC to limit Zuckerberg’s exposure from its cover-up around Cambridge Analytica just took an interesting twist with allegations Sheryl Sandberg was using and purging a separate Gmail account for sensitive matters. /1 Image
This is in a sanctions motion just unsealed against her and another board member (now Biden Chief of Staff). The Delaware lawsuit is brought by pension funds now deposing a number of the board members after a records inspection allowed for a derivative lawsuit. /2 Image
It appears that the evidence of the spoliation comes from emails showing up on the other end of the communications during discovery. This is how Google’s own spoliation issues surfaced (worth noting Facebook’s Sandberg and Schrage both worked at Google so…) /3 Image
Read 9 tweets
Sep 26
Oh come on, Alex Heath. It's one thing to let Facebook CEO Mark Zuckerberg spread misleading history as part of your getting access and an exclusive interview but it's another thing to do it for him. You stated this for him rather than fact-checking on what actually happened? /1 Image
I don't even know what you're talking about here. Google wrote a check for a few million to DOJ to eliminate the claim allowing for a jury. The case wasn't settled, it's literally wrapping up this week. It was Facebook who has paid more than $5B in settlements to the govt. /2 Image
On those $5B+ in settlements, they were due to what you're helping him rewrite history. Literally THIS WEEK, 3 cases moved in DE Chancery, DC Appeals and the freaking US Supreme Court. Facebook WROTE THIS to SCOTUS who granted cert in 9th circuit case day after Nov elections. /3 Image
Read 8 tweets

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