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Jason Kint Profile picture
@jason_kint
May 17, 2024 • 6 tweets • 3 min read • Read on X
Woah.
Google is effectively trying to buy out the United States by tendering a cashier's check for the claimed max damages from screwing industry with adtech market power abuses. US DOJ's adtech antitrust trial seeking to break them up is months away. 1/4 Image
And then with google's payment, they're trying to get it switched from jury to bench trial. The money is an after thought, what they clearly don't want is a jury of Americans reviewing damning evidence (see Bernanke) which may be harder to appeal leading to structural remedy. 2/4 Image
lol, G. The lawsuit is smart for jury as U.S. explained Google's alleged abuse so Americans understand it by comparing G's market power on all sides to wall street. Hell, Google's own executive made this analogy "if Goldman or Citibank owned the NYSE."
A jury will get this. 3/4 Image
So yeah, good luck with this one, Google. The point of the lawsuit is to break you up. Parallel adtech suits in EDTX and SDNY plus you lost app store suit (to a jury!), a search decision coming late summer and E.U. closing in on adtech, too. Walls closing in. You feel it? 4/4
Here is a link to the motion () they just filed. And then a thread on this lawsuit from when it was originally filed in January, 2023. 5/4 storage.courtlistener.com/recap/gov.usco…
ha ha, Google dug up a British constitutional law scholar as their expert on why the Seventh Amendment doesn't allow a jury of Americans to decide if Google screwed over the rest of the advertising industry. 6/4 storage.courtlistener.com/recap/gov.usco…
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More from @jason_kint

Jason Kint Profile picture
May 1
A few more nuggets of delight for you. First, Tim Apple has had his halo bent. He's arguably had the best reputation of the big tech CEOs until today. He ordered the code red. /1 Image
Alex Roman had a super bad day. If anyone directed him on this testimony cited by the Court, heads will roll. either way, Apple Inc also has big problems. /2 Image
Judge YGR did not hold back here. /3 Image
Read 7 tweets
Jason Kint Profile picture
Apr 15
Day 2. A few comments after 2nd day of testimony from Mark Zuckerberg. FTC began with impeachment as Zuckerberg had said yesterday friends & family were only about 25% of Stories shared when instead it appears more in 63-73% range. I would hammer him on these, it's a pattern. /1
Remember, we've learned from MZ's deposition to SEC and many trips to Congress, he may say too much and seems to talk his way through problems. Speaking of... USvGoogle on the weight of contemporaneous statements is already a massive shadow over MZ. /2 Image
I think MZ has a tell. He often says, "Well that is an interesting question" when asked about his prior contemporaneous statements on fairly obvious questions such as "Is it true that Facebook users like less ads in their feeds?" /3
Read 10 tweets
Jason Kint Profile picture
Apr 15
with FTC's opening statement slides (109 of them over 86 minutes IYKYK)) now posting, I want to flag just a few of them worth amplifying. /1 Image
These two statements from Judge Boasberg his denial of Meta's motion to dismiss last November will weigh heavily on Facebook imho. The evidence from both the Instagram deal and WhatsApp deal are damning considering just these two bullets. /2 Image
This slide (and the next one) were interesting in getting internal reflections of Meta/Facebook forcing more ads into the Instagram experience. /3 Image
Read 8 tweets
Jason Kint Profile picture
Apr 14
FTC v Meta Day 1. Opening arguments for FTC laid out its case. As predicted, Meta tried to blow hole into market definition. This actually comes later in trial so not dwelling but will add some context at end. But first witness 1 was CEO Zuckerberg. Dead to rights on conduct. /1
Internal Facebook employee messages (some we've previously seen plus plenty more) make the Instagram deal clearly anticompetitive conduct imho. Exhibits may not post until Wed so my quotes are my best snapshots from messages in exhibits on screens. Relay with care. I tried. /2
Zuckerberg has testified for only 3 hrs of FTC's estimated 7hrs so he's back on stand tomorrow at 9:30am ET (remember, Careless People book said he hates mornings). FTC has been systematically laying out timeline of Facebook shift to mobile and acquisition of Instagram. /3
Read 22 tweets
Jason Kint Profile picture
Apr 9
As Meta’s Andy Stone works overnight criticizing whistleblower testimony today on their role in China, let’s not forget Meta worked furiously thru billions in settlements to keep sealed it provided data access to 86,961 developers in China unsealed after court sanctions in 2023. Image
That slide is from their own internal audit. The one they promised the public and Congress in testimony then buried it including fighting to keep the forensic clean up artists aka auditors under seal, too, until an attorney said it in open courtroom. storage.courtlistener.com/recap/gov.usco…
Here is Stone’s statement this morning. He has a track record burying for his bosses so just think it’s important context when he tries to brush aside China. Thank you @HawleyMO for accountability here. nbcnews.com/tech/social-me…Image
Read 6 tweets
Jason Kint Profile picture
Apr 3
Pretrial orders starting to give taste as to why WSJ reports Mark Zuckerberg is meeting Pres. Trump desperately trying to settle its FTC lawsuit 11 days from trial. Court just ordered Meta to release all internal discussions of "integrity" issues up until 2020. That's toxic. /1 Image
Also included is evidence as to what appears to be Apple warning Facebook/Meta to address CSAM on WhatsApp chat groups. Remember, advertisers built this company investing hundreds of billions of dollars to support it. /2 Image
On that note, we will also likely see the financials for WhatsApp which was acquired by Facebook for nearly $19B despite almost no revenues. The why this happened will be a key argument in the court room. /3 Image
Read 4 tweets

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