New Google and Facebook Inquiries
nytimes.com
nytimes.com
Instagram could be considered a defensive acquisition. They should argue that the motive behind the acquisition was to expand their presence into mobile/imagery, which is different than defending social networking.
Whatsapp I have a tough time seeing as anti-competitive, since it's a messaging platform rather than a social network, and one amongst many.
The playbook is pretty clear for them: argue that they are in the digital advertising space, which is highly competitive, and argue that social networking itself is also competitive, with Snapchat, VSCO, Tinder and others as their competitors.
I mean there's going to be discovery and depositions so "arguing" an after-the-fact justification is kind of pointless.
Also New York Post already reported that the FTC had documents suggesting the Instagram purchase was to take out a competitor.
>At the center of arguments to block the deal — made by then-FTC Chairman Jon Leibowitz — was a document the FTC had uncovered by a high-ranking Facebook executive who said the reason the company was buying Instagram was to eliminate a potential competitor, sources said.
“It was a spectacular document,” one source close to the situation said, declining to say whether Facebook CEO Mark Zuckerberg himself had written it.
https://nypost.com/2019/02/26/facebook-boasted-of-buying-ins...
There's no other reason to spend $19B for a company with little to no revenue (and like 3 employees?).
0. Founders would take the risk
1. Early engineers would take the risk
2. Angels/VCs would invest as much in them
In which case you get fewer/none Instagrams/WhatsApps, because the risk is so much higher if your outcomes are limited to IPO/cashflow-business/lifestyle
Sure, Facebook can buy any company they like, but if it presents a danger to its core business like Instagram did, then the sale should not be allowed.
Maybe Instagram wouldn't have survived without being acquired by Facebook, but let the market decide.
I think the only time one can argue this shouldn't be allowed is for monopolies. Was Facebook considered a monopoly in the space where Instagram was competing in when it made the purchase?
But is it really? Could a large advertsing customer realistically decide to avoid Google and Facebook or even just one of them?
[1] https://www.popehat.com/2016/06/14/lawsplainer-its-not-rico-...