Albany Times Union

Facebook hit with antitrust suit from N.Y., 47 other states

FTC files similar case alleging tech giant stifled its competitor­s

- By Edward Mckinley Albany

New York Attorney General Letitia James and the attorneys general from 47 other states announced Wednesday they had filed a federal lawsuit against Facebook, alleging the social media giant illegally preyed on smaller rivals before they could grow large enough to compete with it.

The lawsuit seeks to have a federal court force Facebook to divest from Instagram and Whatsapp.

James said her office is leading the litigation and is joined by all but two states in the case. A separate lawsuit filed by the Federal Trade Commission mirrored the allegation­s made against Facebook, and James said the states and federal investigat­ors collaborat­ed on litigation.

The antitrust lawsuits filed against Facebook, and another filed in October against Google by the U.S. Department of Justice, mark the biggest anti-monopoly actions by government agencies since Microsoft faced similar accusation­s in the 1990s.

Facebook brought in more than $70 billion in revenue last year, including $18.5 billion in profit. It’s among the largest corporatio­ns in the world, making money by selling targeted advertisin­g on its social media platforms based on detailed informatio­n it collects from its users.

The lawsuits focus particular­ly on Facebook’s purchase of Instagram in 2012 for about $1 billion and its purchase of Whatsapp in 2014 for $19 billion, which was more than other independen­t sources had valued the companies.

“Antitrust laws exist to protect consumers and promote innovation, not to punish successful businesses. Instagram and Whatsapp became the incredible products they are today because Facebook invested billions of dollars, and years of innovation and expertise, to develop new features and better experience­s for the millions who enjoy those products,” wrote Jennifer Newstead, Facebook’s vice president and general counsel, in a statement provided to the Times Union.

James said Facebook threw money at Instagram and WhatsApp, a strategy she termed “buy or bury,” because they “each posed a unique and dire threat to Facebook’s monopoly” over social networking. In other cases, James said, Facebook invited app developers to work through its larger platform, but if those developers appeared like they might someday pose a threat to Facebook, it would quickly stomp out the smaller companies.

“They also sent a clear message to the industry: Don’t step on Facebook’s turf. Or as one industry executive put it, ‘You will face the wrath of Mark,’” she said, referring to Facebook’s founder, Mark Zuckerberg.

The result of decreased competitio­n, James said, is that Facebook has been able to spy unchecked on its users and profit off their personal informatio­n. It has dampened innovation and creativity, she said, and boxed out the possibilit­y of growth for many other smaller social networking businesses.

“Facebook has been spending its time surveillin­g its users’ personal informatio­n and profiting from it,” James said. “No company should have this much unchecked power over our personal informatio­n and our social interactio­ns.”

The attorneys general and the FTC are each asking the courts to force Facebook to divest itself from Instagram and Whatsapp, to change the way it manages web developers on its platform and to be required to seek the government’s permission in the future to buy other companies.

“People and small businesses don’t choose to use Facebook’s free services and advertisin­g because they have to, they use them because our apps and services deliver the most value. We are going to vigorously defend people’s ability to continue making that choice,” Newstead said.

The lawsuits announced Wednesday are part of a broader, bipartisan “moment of tech lash” against major technology corporatio­ns, said Alec Stapp, director of technology policy at the Progressiv­e Policy Institute, a Washington think tank.

There’s also “animus toward Facebook in particular,” Stapp said, due to controvers­y over political speech on that platform in the last few years.

Facebook did have to ask for permission to acquire Whatsapp and Instagram, Stapp noted, and if they were wrong then, it would have made more sense for the FTC to study why they approved them so it doesn’t happen in future instances.

“People like to say Facebook has monopolize­d social networking, but if you just look around, look at your own phone, you’ll see that’s not the case,” he said, pointing to the rise of Tik Tok, a popular app to create and share short videos, as an example.

 ?? Jeff Chiu / Associated Press ?? The Federal Trade Commission and 48 states and districts, including New York, have filed suits accusing Facebook, led by founder Mark Zuckerberg, of abusing its market power in social networking to crush smaller competitor­s.
Jeff Chiu / Associated Press The Federal Trade Commission and 48 states and districts, including New York, have filed suits accusing Facebook, led by founder Mark Zuckerberg, of abusing its market power in social networking to crush smaller competitor­s.

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