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New York Attorney General is Investigating Facebook For Possible Antitrust Violations (cnbc.com) 16

New York State Attorney General Letitia James announced Friday she is launching a multistate investigation into Facebook for possible antitrust violations. From a report: Attorneys general of Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee and the District of Columbia will join the probe, according to the announcement. It will focus "on Facebook's dominance in the industry and the potential anticompetitive conduct stemming from that dominance," according to the release. "Even the largest social media platform in the world must follow the law and respect consumers," James said in a statement. "I am proud to be leading a bipartisan coalition of attorneys general in investigating whether Facebook has stifled competition and put users at risk. We will use every investigative tool at our disposal to determine whether Facebook's actions may have endangered consumer data, reduced the quality of consumers' choices, or increased the price of advertising."
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New York Attorney General is Investigating Facebook For Possible Antitrust Violations

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  • by Somervillain ( 4719341 ) on Friday September 06, 2019 @10:54AM (#59165422)
    Call my cynical, but I have a hunch any bipartisan investigations will suddenly go away when big tech lobbies and donates to political campaigns the way older businesses, like the oil companies do. I'm getting a shakedown vibe.

    That said, I dislike both these politicians and facebook equally. I have no idea to root for.
    • by jwhyche ( 6192 )
      Well we could root for both sides. Maybe they will put themselves in the same room and cancel each other out. On second thought, what if they combine can become something evil beyond comprehension?

      Now, I have no ideal who to root for.

      • Normally companies will give money to both political parties. It gets both parties off their back. While in reality it overall just bad. Because it is like arming both sides of a war with more weapons. It doesn't change the victor or the objectives, just more people get hurt.

        So both political parties get more Facebook money, which they will use towards ads to indoctrinate the moderates to their camps. Which then allows the political party to move further in their direction, creating a larger gap which is

      • Maybe they will put themselves in the same room and cancel each other out.

        That would not be a good idea. That would be an antimatter/matter collision.

        It would produce deadly gamma rays . . . and I'm guessing those folks are very fat, so we would have E = mc^2 to worry about.

        If they did this at the Davos World Economic Forum . . . we would be doomed!

  • by DogDude ( 805747 ) on Friday September 06, 2019 @11:07AM (#59165450)
    What industry does Facebook monopolize? They do a lot of advertising, but Google, Disney/ABC, and others also have very large advertising platforms, as well.
    • Re:What industry? (Score:4, Insightful)

      by wierd_w ( 1375923 ) on Friday September 06, 2019 @11:21AM (#59165520)

      They don't have to be the single endpoint to abuse a market leadership position to stifle competition. The latter is what makes it grounds for antitrust.

      For instance, does Facebook penalize sites for using other marketing services in addition to their own?

      Does Facebook demand special conditions that other advertising companies do not, in exchange for services other than advertising, and do they do this in a way that defacto excludes the use of other advertising companies? (EG, demands for exclusivity?)

      Etc.

      The notion that they have to have run all other competitors out of town before it becomes suitable grounds for antitrust needs to die in a fire.

      Please stop perpetuating the myth,

      • by DogDude ( 805747 )
        We advertised on Facebook before and have heard of any of these restrictions that you're listing. We also advertise on other digital platforms, on the radio, etc. Are you saying that this really is a thing, or are you just making up a "what if" story?
    • Re:What industry? (Score:5, Interesting)

      by Anubis IV ( 1279820 ) on Friday September 06, 2019 @12:50PM (#59165828)

      What industry does Facebook monopolize?

      Why do you think Facebook needs to be a monopoly to be guilty of antitrust violations? While the Venn diagram between the two certainly has quite a bit of overlap, antitrust behavior extends well beyond merely abusing a monopoly position.

      For instance, paying or otherwise coercing vendors to NOT sell your competitor's wares is a classic example of anticompetitive behavior that holds true regardless of one's share of the market. That's something that nVidia was accused of doing, despite nVidia having nowhere close to a monopoly within that market. Alternatively, Apple was found guilty of anticompetitive behavior in the eBooks market when they entered into illegal contracts with publishers that illicitly coerced other eBook retailers to raise prices to match Apple's, despite their only having ~10% of the market at the time.

      Moreover, you don't need to be a true monopoly (i.e. 100% market share) to abuse your market position in an anticompetitive fashion. Most famously, Microsoft had less than 100% of the market when they abused their dominance in the OS market to illicitly push IE to dominance in the browser market. Likewise, despite having less than 100% of the relevant markets, Google has been accused and in several cases found guilty in the last few years of engaging in similar behavior when it comes to to things like using Google Play to push their first-party apps or using search to push their travel services.

      The reason you may be confused is because as a company nears monopoly status (e.g. Ma Bell, back in the day), they're oftentimes subject to additional regulation because of their special position within the market, i.e. they are the market. In the absence of competition/free market forces, a company's unbridled avarice is able to harm consumers without any consequence to the company, so regulators must step in to provide checks against such greed. And when regulators step in like that, it tends to make a lot of waves, hence why we're all familiar with antitrust behavior when it comes to true monopolies. But again, that's hardly the only sort of antitrust behavior.

      In this particular case, I'm not sure what the AGs are pursuing, but I recall hearing suggestions a few months back that Facebook's routine acquisitions of would-be social networking competitors is being viewed by some within the political and legal circles as anticompetitive, since they are preventing effective competition from entering the market. It's a different take on anticompetitive behavior than I've heard of before, but it's possible it may hold some weight in court (IANAL, so I'm not one to say). Likewise, while Facebook doesn't have a majority of the online advertising market (contrary to your suggestion that Disney is a major player, Google owns about 60% of the online ad market, and Facebook is second with about 30%), they do have enough market share—as well as an ad product that is so differentiated that it's been suggested it's a distinct market unto itself—that they've been able to exert potentially undue pressure on advertisers (read: strong-arming).

      But really, those are just the tip of the iceberg. Facebook is so sprawling, so flagrant, and so wantonly careless with private data that regulators and legislators could come at the company from any number of different angles.

      • by DogDude ( 805747 )
        OK, so they don't need to be a monopoly. But, do you have any examples of them "strong-arming" advertisers? Again, we were an advertiser. I'm not aware of how we've been "strong-armed" by Facebook. Facebook is a cesspool of garbage that a lot of people use, but I haven't seen or read any indication that they're exerted undue pressure on advertisers.
        • do you have any examples of them "strong-arming" advertisers?

          While I know I've heard other examples of—and analysis suggesting that—they're doing so, the only specific item I could recall is this graph [stratechery.com] from this analysis [stratechery.com], in which we see the price-per-ad increasing from 2017-2018 despite the number of ad impressions dropping significantly over that same period. I.e. Advertisers got less for their money and Facebook increased prices, which is the inverse of what we'd expect to see in a healthy market where competition was present. Moreover, Facebook's ad r

          • by DogDude ( 805747 )
            That's fine. I'm not looking to "win". I'm genuinely curious about what Facebook is doing to "strong-arm" customers. Sure, they're the only place to advertise on Facebook, but they're not the only place to advertise. If they were, I'd agree that there's a real anti-trust issue. Instead, I suspect that politicians are trying to approach this from the perspective of the user, which of course is absurd... they're not customers.

            I am a fan of anti-trust actions, though. I just think their are much more im
  • ...of the case where teens were charged with possession and production of child pornography [washingtonpost.com] for simply sending naked photos of themselves to each other. Seems like the same logic would apply here, and anyone that uses facebook could go down with facebook. No?

  • Facebook has been operating in lawlessness since its inception. Please put an end to that bull..
  • Really Compromising Pictures of NY Attorney General Go Viral On Facebook (And they really, truly, aren't deep fakes!)

  • Conservatives are traditionally a pro-business bunch, but tech companies have chosen sides and engaged in a campaign of censorship against them, thus turning a natural ally indifferent to them at best, hostile at worst. Facebook and its ilk will have few defenders to push back against regulatory and lawsuit overreach when the pitchfork-wielders are at the gate.

Love may laugh at locksmiths, but he has a profound respect for money bags. -- Sidney Paternoster, "The Folly of the Wise"

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