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FTC vs. Meta: Big Tech’s Day in Court Begins

  • Meta (META) faces a critical antitrust trial against the FTC starting Monday, with the agency alleging that its $1 billion Instagram (2012) and $19 billion WhatsApp (2014) acquisitions enabled monopolization of the personal social networking market, seeking their divestiture.
  • Meta denies monopoly claims, arguing it competes vigorously with platforms like TikTok, YouTube, and iMessage, and that the FTC’s case overlooks a dynamic market, as stated in its pretrial brief.
  • The trial, featuring testimony from executives like Mark Zuckerberg and competitors, will hinge on defining the social networking market and proving competitive harm, potentially reshaping antitrust law and the tech industry.

Meta

The impending antitrust trial between Meta (META) and the U.S. Federal Trade Commission, set to begin on Monday in Washington, carries significant implications for the social media landscape and the broader application of U.S. antitrust law. At the heart of the case is the FTC’s assertion that Meta has monopolized the personal social networking market, primarily through its acquisitions of Instagram for $1 billion in 2012 and WhatsApp for $19 billion in 2014. The agency argues that these deals stifled competition, allowing Meta to maintain dominance not through innovation but by neutralizing potential rivals, and it seeks to force the company to divest both platforms.

Meta, headquartered in Menlo Park, California, counters that its acquisitions fostered growth and user benefits, denying claims of monopolistic behavior. In a recent pretrial brief, the company emphasized that it operates in a fiercely competitive environment, facing rivals like TikTok, YouTube, Snap, and Apple’s iMessage. Meta underscored this point, telling CNBC that the FTC’s case ignores the reality of a dynamic market where its platforms – Facebook, Instagram, and WhatsApp – vie for users against numerous alternatives. The company also highlighted that the FTC had previously cleared these acquisitions over a decade ago, arguing that revisiting them now undermines business certainty.

The trial, expected to span weeks, will feature testimony from key figures, including Meta CEO Mark Zuckerberg, former COO Sheryl Sandberg, Instagram co-founder Kevin Systrom, and executives from competitors like TikTok, Snap, and Google’s YouTube. This high-profile witness list reflects the case’s stakes, as the outcome could reshape the social media industry. The FTC’s challenge is to prove not only that Meta holds monopoly power in the personal social networking market but also that its acquisitions directly harmed competition, a complex task given the evolving nature of digital platforms.

Legal proceedings leading to this point have been contentious. The FTC first filed its case in 2020, only for Judge James
Boasberg to dismiss it in 2021, citing insufficient evidence of Meta’s market power. Undeterred, the agency submitted an amended complaint in August 2021, bolstering its arguments with detailed metrics comparing Meta’s user base to competitors like Snapchat, Google+, and Myspace. This revision persuaded Boasberg in 2022 to allow the case to move forward, though he later dismissed one FTC claim regarding Meta’s restrictions on third-party app developers. Meta’s attempt to halt the case in April was also rejected, setting the stage for Monday’s trial.

Defining the relevant market will be a pivotal issue. The FTC contends that personal social networking – where users connect with friends and family in shared online spaces – is a distinct market dominated by Meta’s apps, with no significant alternatives. Meta, however, argues for a broader view, encompassing diverse platforms that compete for user attention. This dispute over market boundaries, as noted to CNBC by U.C. Berkeley law professor Prasad Krishnamurthy, could determine the case’s outcome, as antitrust rulings often hinge on nuanced market definitions that differ from industry or consumer perceptions.

The trial’s significance extends beyond Meta. A ruling in the FTC’s favor could embolden regulators to scrutinize past tech acquisitions, potentially altering how companies approach mergers in rapidly evolving sectors. Conversely, a Meta victory might reinforce the challenges of applying traditional antitrust frameworks to digital markets, where competition is shaped by innovation and user preferences. As the courtroom battle unfolds, it will test the limits of U.S. antitrust law and its ability to address the complexities of today’s social media ecosystem.

WallStreetPit does not provide investment advice. All rights reserved.

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