Meta Will Face Antitrust Trial over Instagram, WhatsApp Acquisitions

Morning commute traffic streams past the Meta sign outside the headquarters of Facebook parent company Meta Platforms Inc in Mountain View, California, US, November 9, 2022. (Reuters)
Morning commute traffic streams past the Meta sign outside the headquarters of Facebook parent company Meta Platforms Inc in Mountain View, California, US, November 9, 2022. (Reuters)
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Meta Will Face Antitrust Trial over Instagram, WhatsApp Acquisitions

Morning commute traffic streams past the Meta sign outside the headquarters of Facebook parent company Meta Platforms Inc in Mountain View, California, US, November 9, 2022. (Reuters)
Morning commute traffic streams past the Meta sign outside the headquarters of Facebook parent company Meta Platforms Inc in Mountain View, California, US, November 9, 2022. (Reuters)

Facebook owner Meta Platforms must face trial in a US Federal Trade Commission lawsuit seeking its break-up over claims that it bought Instagram and WhatsApp to crush emerging competition in social media, a judge in Washington ruled on Wednesday.

Judge James Boasberg largely denied Meta's motion to end the case filed against Facebook in 2020, during the Trump administration, alleging that the company acted illegally to maintain its social network monopoly.

Meta, then known as Facebook, overpaid for Instagram in 2012 and WhatsApp in 2014 to eliminate nascent threats instead of competing on its own in the mobile ecosystem, the FTC claims.

Boasberg let that claim stand, but dismissed the FTC's allegation that Facebook bolstered its dominance by restricting third-party app developers' access to the platform unless they agreed not to compete with its core services.

"We are confident that the evidence at trial will show that the acquisitions of Instagram and WhatsApp have been good for competition and consumers," a Meta spokesperson said on Wednesday.

FTC spokesperson Douglas Farrar said that the case filed during the Trump administration and refined under Biden "represents a bipartisan effort to curtail Meta’s monopoly power and restore competition to ensure freedom and innovation in the social media ecosystem."

At trial, Meta will not be allowed to argue the WhatsApp acquisition boosted competition by strengthening its position against Apple and Google, Boasberg ruled.

The judge said he would release a detailed order later on Wednesday after the FTC and Meta have had a chance to redact any sensitive commercial information.

A trial date in the case has not been set.

Meta had urged the judge to dismiss the entire case, saying it depended on an overly narrow view of social media markets, and did not take into account competition from ByteDance's TikTok, Google's YouTube, X, and Microsoft's LinkedIn.

The case is one of five blockbuster lawsuits where antitrust regulators at the FTC and US Department of Justice are going after Big Tech.

Amazon.com Inc and Apple are both being sued, and Alphabet's Google is facing two lawsuits, including one where a judge recently found it unlawfully thwarted competition among online search engines.



Social Media Companies Slam Australia's Under-16 ban

Social media companies slam Australia's under-16 ban - AFP
Social media companies slam Australia's under-16 ban - AFP
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Social Media Companies Slam Australia's Under-16 ban

Social media companies slam Australia's under-16 ban - AFP
Social media companies slam Australia's under-16 ban - AFP

Social media giants on Friday hit out at a landmark Australian law banning them from signing up under-16s, describing it as a rush job littered with "many unanswered questions".

The UN children's charity UNICEF Australia warned the law was no "silver bullet" against online harm and could push kids into "covert and unregulated" spaces online.

The legislation, approved by parliament on Thursday, orders social media firms to take "reasonable steps" to prevent young teens from having accounts, AFP reported. It is due to come into effect after a year.
Prime Minister Anthony Albanese said the age limit may not be implemented perfectly -- much like existing restrictions on alcohol -- but it was "the right thing to do".

The crackdown on sites like Facebook, Instagram and X would lead to "better outcomes and less harm for young Australians", he told reporters.

Platforms have a "social responsibility" to make children's safety a priority, Albanese said.

Social media firms that fail to comply with the law face fines of up to Aus$50 million (US$32.5 million) for "systemic breaches".

TikTok said it was "disappointed" in the law, accusing the government of ignoring mental health, online safety and youth experts who had opposed the ban.

"It's entirely likely the ban could see young people pushed to darker corners of the internet where no community guidelines, safety tools, or protections exist," a TikTok spokesperson said.

Tech companies said that despite the law's perceived shortcomings, they would engage with the government in shaping how it could be implemented in the next 12 months.

The legislation offers almost no details on how the rules will be enforced -- prompting concern among experts that it will be largely symbolic.

Members of the public appeared doubtful.

"I don't think it will actually change a lot because I don't see that there's really a strong way to police it," 41-year-old Emily Beall told AFP in Melbourne.

Arthur McCormack, 19, said some things he had seen on social media when he was younger were "sort of traumatic".

"I think it's good that the government is on this ban. But in terms of enforcement, I'm not sure how it will be carried out," he said.

Meta -- owner of Facebook and Instagram -- called for consultation on the rules to ensure a "technically feasible outcome that does not place an onerous burden on parents and teens".

- 'Serious concerns' -

But Meta said it was concerned "about the process, which rushed the legislation through while failing to properly consider the evidence, what industry already does to ensure age-appropriate experiences, and the voices of young people".

A Snapchat spokesperson said the company had raised "serious concerns" about the law and that "many unanswered questions" remained about how it would work.

But the company said it would engage closely with the government to develop an approach balancing "privacy, safety and practicality".

UNICEF Australia policy chief Katie Maskiell said young people need to be protected online but also included in the digital world.

"This ban risks pushing children into increasingly covert and unregulated online spaces as well as preventing them from accessing aspects of the online world essential to their wellbeing," she said.

Leo Puglisi, a 17-year-old online journalist based in Melbourne, was critical of the legislation.

He founded streaming channel 6 News, which provides hourly news bulletins on national and international issues, in 2019 at the age of 11.

- Global attention -

"We've been built up by having 13 to 15-year-olds see 6 News online and then join the team," Puglisi said in a statement.

"We have said that this ban seriously risks restricting creativity from our young people, no matter what passion or future career they want to explore," he added.

One of the biggest issues will be privacy -- what age-verification information is used, how it is collected and by whom.

Social media companies remain adamant that age verification should be the job of app stores, but the government believes tech platforms should be responsible.

Exemptions will likely be granted to some companies, such as WhatsApp and YouTube, which teenagers may need to use for recreation, school work or other reasons.

The legislation will be closely monitored by other countries, with many weighing whether to implement similar bans.

Lawmakers from Spain to Florida have proposed social media bans for young teens, although none of the measures have been implemented yet.

China has restricted access for minors since 2021, with under-14s not allowed to spend more than 40 minutes a day on Douyin, the Chinese version of TikTok.