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Antitrust

How big is too big? And when does a company become so big that the government is forced to step in and make it smaller? Politicians have been struggling with those questions for at least a hundred years. But as the latest generation of tech companies has taken shape, the questions are becoming more and more relevant to internet giants like Google and Facebook. There’s a new movement in Washington to break up those companies, whether through a Justice Department lawsuit or an old-school appeal to the Sherman Antitrust Act. It’s a struggle Microsoft fended off in the ‘90s, and it has only grown more urgent in the years since. As Amazon has taken a stranglehold of online retail, Jeff Bezos’ company has started to attract antitrust attention as well, with figures like Sen. Elizabeth Warren and Lina Khan taking aim at Amazon’s cutthroat competitive strategies. If it succeeds, it would be one of the most ambitious government projects in a generation — but success is still a long way off.

Lauren Feiner
Lauren Feiner
Buying TikTok’s precursor would have been ‘too complicated’ because of its China ties.

That’s what Zuckerberg tells the FTC attorney who’s questioning him now. Zuckerberg says he didn’t want to deal with the complexity of “any connection that they had to China.” Musical.ly went on to be acquired by China-based ByteDance, was rebranded to TikTok, and grew into a major Meta competitor, he says.

Lauren Feiner
Lauren Feiner
WhatsApp’s founders had limited aspirations.

One of WhatsApp’s founders used Craigslist as an example of his ambitions for the messaging service, Zuckerberg testifies, calling the site a “lifestyle company.” And rather than buying WhatsApp to prevent its growth, Zuckerberg says he had to convince its founders to add social features post-acquisition. This cuts against the FTC’s theory that WhatsApp might have grown to challenge Meta’s dominance had it remained independent or under different ownership.

Lauren Feiner
Lauren Feiner
Meta wasn’t too worried about WhatsApp becoming a rival.

Zuckerberg considered that WhatsApp could pivot its messaging platform into a “formidable competitor” to Facebook until he got to know its founders. “It became completely clear” they would never add the kind of features necessary to do that, he testifies, because they actually “looked down” on such things. “It’s hard to really express the kind of disdain that they had” for what other messaging apps were doing at the time, he says.

Lauren Feiner
Lauren Feiner
Zuckerberg can’t rule out that Instagram would have succeeded on its own.

But he points out that the largest platforms today have had the backing of larger companies with massive infrastructure, like Google’s YouTube and ByteDance’s TikTok. “Could I say it would have been impossible for them to do it without us? Obviously not. I mean, we did it,” he says. “But does it seem like it would have been likely?” Definitely not, he says.

Lauren Feiner
Lauren Feiner
Instagram grew far larger than Zuckerberg ever imagined.

Instagram’s growth was never preordained, Zuckerberg says, and the app benefited from Meta’s investment to get to the massive reach it has today. At the time of the deal in 2012, Zuckerberg hoped to grow Instagram from 10 million to 100 million users. It reached a billion users by 2018. Had Meta not bought Instagram, Zuckerberg says, “it’s very hard to know” how things would have turned out. That’s a key challenge for the FTC to address.

Lauren Feiner
Lauren Feiner
Zuckerberg flatly denies that he bought Instagram to squash it.

The CEO is challenging one of the core arguments of the FTC’s case: Meta’s alleged intent to grow its monopoly power by taking out rivals. “Was the intent to stop offering or stop making Instagram good? Absolutely not,” he testifies.

Lauren Feiner
Lauren Feiner
‘Only the paranoid survive.’

This old Andy Grove quote is how Zuckerberg describes his mindset toward competition. He says it has been interesting to look back on all the things he was worried about that never materialized the way he expected. One example is Dropbox, which he saw as an “upstream” feature that could eventually become competitive based on its photo storage offerings. “I was focused on things that ended up being so different,” he says.

Lauren Feiner
Lauren Feiner
AI is solving Meta’s ‘negative network effects’ problem.

Zuckerberg says network effects — where more users on a platform makes it better — are not always a good thing, even though the FTC says they’ve grown Meta’s power. He’s previously worried about this so much he’s considered resetting users’ Facebook friends. After accumulating friends over time, users might “wake up one day five years later” and realize they’re following people they no longer care about, he says. But AI recommendations have helped solve for this.

Lauren Feiner
Lauren Feiner
‘I don’t like it when our competitors do better than us.’

We’ve seen a lot of old emails over the past couple of days where Zuckerberg has expressed frustration and a sense of urgency to catch up with rivals that seem to be on Meta’s heels. He’s spinning these documents as a function of his own competitive spirit. “You can bet that I’m not going to rest until we do quite a bit better than where we’re at now,” he testifies about today’s competition with TikTok.

Lauren Feiner
Lauren Feiner
Apple, Google, and Snap accuse Meta of being reckless with their confidential info.

We’re getting started with day three of Meta’s antitrust trial with some controversy. A Snap attorney complains to Judge Boasberg that Meta released slides with inadvertently flawed redactions. He also accuses Meta’s lead attorney of openly referencing Snap’s competitive assessments that should have been private.

An Apple attorney echoes Snap’s charges of “egregious” disclosures, saying Apple can’t be confident that Meta will protect its internal information moving forward. Google’s attorney says its data has been jeopardized by Meta, too.

Mark Zuckerberg defends his empire

Based on some of the ideas Mark has proposed over the years, Meta could have turned out very differently.

Lauren Feiner
Lauren Feiner
Lauren Feiner
Your Honor, we sell ads.

In an echo of an infamous exchange from one of Zuckerberg’s earlier visits to Washington, Judge James Boasberg asks the CEO to clarify how iMessage and WhatsApp make money. Zuckerberg explains that Meta sells ads that send people to chat with businesses on WhatsApp. He also tells the judge that he thinks Apple is incentivized to keep iMessage exclusive to iOS so that its users don’t want to switch from iPhones to Android.

Lauren Feiner
Lauren Feiner
‘What is MeWe?’

When asked by Meta’s lead lawyer, Mark Hansen, Zuckerberg says he doesn’t know what MeWe is and “hadn’t heard of it” prior to this case. Aside from Snapchat, MeWe is the other app the government says is in the same “personal social networking services” market that Meta allegedly monopolizes.

Lauren Feiner
Lauren Feiner
Zuckerberg takes an opportunity to jab the EU.

As an aside to a question about European regulations, Zuckerberg says that “it seems no matter what we do, the European Union seems to find we’re not following their rules.”

Lauren Feiner
Lauren Feiner
Meta doesn’t ‘optimize directly’ for time spent on its platform.

The company has been hammered by legislators and parents for how it sucks users into its services, but Zuckerberg says Meta focuses on creating valuable experiences, rather than making sure users stay engaged for as long as possible.

“I don’t want the team to just say, ‘oh this variant of the algorithm, people spend 20 seconds more in, so we’ll ship this,’” he says.

Lauren Feiner
Lauren Feiner
The FTC is done questioning Zuckerberg for now.

FTC attorney Daniel Matheson just passed Zuckerberg as a witness. Zuckerberg has been on the stand for roughly eight hours so far between today and yesterday. Now it’s Meta’s lead attorney Mark Hansen’s turn to question the CEO.

Lauren Feiner
Lauren Feiner
The FTC is trying to pin Zuckerberg down on its market definition.

But he’s not giving them much to work with. The government wants to show that Meta dominates a distinct market of social apps for connecting with family and friends that only includes Snapchat and MeWe, a crucial element of proving its case.

Zuckerberg says that apps like TikTok might not explicitly market themselves that way, but “they’ve certainly taken steps” to promote friend connections by doing things like prompting users to import contacts.

Lauren Feiner
Lauren Feiner
Zuckerberg sees LinkedIn as competition.

He seems resistant to the idea that the professional social network is all that different from his own offerings nowadays. The FTC argues that the market Meta dominates is primarily about sharing content with family and friends, which would exclude services like LinkedIn and Nextdoor that market themselves for more specialized functions. According to Zuckerberg, “all of these are quite a bit more competitive” with Meta’s apps.

Lauren Feiner
Lauren Feiner
Meta discussed having a feed that only contains ads.

Zuckerberg revealed this after the FTC attorney prodded him about whether people come to Facebook or Instagram just to look at ads. “You’ve never chosen to offer a feed of just ads,” the FTC’s Daniel Matheson says. “I think we’ve discussed it at one point,” Zuckerberg responds.

Lauren Feiner
Lauren Feiner
People like ads, actually?

While the FTC has tried to frame Meta stuffing its apps with ads as a consumer harm, Zuckerberg contends that the company’s users enjoy them. Over time, he says, people tell the company that the quality of ads “has basically approached the quality of the organic content.”

Lauren Feiner
Lauren Feiner
After Snapchat turned Zuckerberg down, he worried about the rise of Stories.

With the rapid growth of Snapchat Stories, Zuckerberg told his team in 2014: “We need to take this new dynamic seriously -- both as a competitive risk and as a product opportunity to add functionality that many people clearly love and want to use daily.” Because of Stories, he wrote, “Snapchat is now more of a competitor for Instagram and News Feed than it ever was for messaging.”

Lauren Feiner
Lauren Feiner
Zuckerberg: Snapchat would have grown faster with us.

The Meta CEO says that the way they were able to grow Instagram post-acquisition gave him confidence he could do the same for other apps, like Snapchat. In 2013, he told his team about an offer to buy the app that Snap CEO Evan Spiegel ultimately rejected.

“For what it’s worth, I think if we had bought them, we probably would have accelerated their growth,” Zuckerberg testifies. “But that’s obviously a speculation.”

Lauren Feiner
Lauren Feiner
Meta was worried about early messaging apps expanding into its business.

The FTC is presenting documents from 2013 in which Zuckerberg and another executive, Javier Olivan, discussed messaging app competitors and what they’d need to do to keep up. Olivan wrote that he had spent “sleepless nights” worrying about WhatsApp’s growth and warns that “it might be now or never” to improve Meta’s services, given how fast these guys keep growing / the ambitions they are signaling.

Lauren Feiner
Lauren Feiner
Meta considered blocking rival messaging app ads.

In January 2013, Zuckerberg said he thought his team “should block WeChat, Kakao and Line ads. Those companies are trying to build social networks and replace us. The revenue is immaterial to us compared to any risk.” On the stand, he acknowledges that “we worried about them broadly competing with us” ahead of his purchase of WhatsApp.

Lauren Feiner
Lauren Feiner
‘A billion dollars is very expensive.’

Zuckerberg concedes that in a perfect world, he probably would have preferred Facebook’s in-house Instagram competitor to succeed so that he didn’t have to shell out for Instagram.

“$1 billion is very expensive,” he says.

Lauren Feiner
Lauren Feiner
Settlers of Catan makes a cameo.

We got a brief glance into some more casual conversation between Zuckerberg and his then-COO Sheryl Sandberg. “I want to learn settlers of catan too so we can play,” Sandberg messaged her boss in November 2012. “I can definitely teach you Settlers of Catan,” Zuckerberg replied. “It’s very easy to learn.”

Lauren Feiner
Lauren Feiner
Zuckerberg downplays that he wanted to buy Instagram to ‘neutralize a potential competitor.’

The Meta CEO is testifying about a February 2012 exchange with then-CFO David Ebersman, who said one (potentially bad) reason to buy a company is to “neutralize a potential competitor.” Seeming to ignore Ebersman’s opinion, Zuckerberg said that was one of the reasons he’d actually consider buying Instagram.

On the stand, Zuckerberg says that when you buy a company, you’re obviously taking a competitor off the market, but he thinks Meta maximized Instagram’s value.

Lauren Feiner
Lauren Feiner
Here’s how the FTC began its case against Meta.

The government just posted slides from its opening statement. They give a good roadmap of who we’ll hear from in the coming weeks. The presentation also previews some of the internal Meta documents we’ll see and how the FTC thinks it can win its case.

Lauren Feiner
Lauren Feiner
Facebook considered keeping Instagram alive to keep ‘everyone from hating us.’

In a February 2012 message, Mark Zuckerberg floated the idea of acquiring Instagram but not doing much with it so that new competitors wouldn’t creep into the market. On the stand, Zuckerberg deflects this as early thinking and says Facebook ultimately didn’t take this route. The FTC’s attorney points out that this was only a couple of months before the acquisition. From Zuckerberg’s message at the time:

“By not killing their products we prevent everyone from hating us and we make sure we don’t immediately create a hole in the market for someone else to fill but all future development would go towards our core products.”

Lauren Feiner
Lauren Feiner
‘I wonder if we should consider buying Instagram.’

Zuckerberg is walking through his mindset in February 2012 when he was considering acquiring the rapidly growing photo app. He asked colleagues if a purchase might be worth it even if it costs $500 million. “Theoretically we could go build this technology, but I’m worried we’re so far behind,” he wrote. Zuckerberg testifies he was considering this move ahead of their IPO when, for the first time, the company would have money to consider buying some products.

Lauren Feiner
Lauren Feiner
Facebook had interns working on its Instagram competitor.

The FTC is pointing to internal messages from 2011 where Zuckerberg complained that the company was moving too slow on its Facebook Camera app while Instagram was growing rapidly. It turns out, according to messages from other executives at the time, that this was in part because Facebook had interns working on the critical project, rather than more experienced engineers.

Lauren Feiner
Lauren Feiner
Zuckerberg’s testimony trudges through years of social media history.

There are no fireworks yet. The government is working to elicit answers that might help it establish its view that the relevant part of the social media market Meta dominates is about connecting with friends. Zuckerberg testifies that engaging with friends’ posts is not as much a part of the experience as it was in the past, but concedes that as the service has grown, it’s still a big part of users’ experiences in absolute terms.

Lauren Feiner
Lauren Feiner
Mark Zuckerberg takes the stand.

The FTC just called the Meta CEO as its first witness. The government has budgeted several hours for him to testify, so he’ll likely cover a lot of ground.

Lauren Feiner
Lauren Feiner
Here are the slides Meta used to lay out its defense.

The company accuses the government of backing into a view of the social media market that makes it look like a monopoly, while ignoring robust competitors. It also charted how TikTok’s brief time offline in the US led users to flee to other apps, including its own. See for yourself.

Lauren Feiner
Lauren Feiner
Meta slams FTC’s ‘grab bag’ case as ‘at war with the facts, and at war with the law.’

Meta’s attorney Mark Hansen paints the government’s case as one comprised of made-up theories about how both the social media market and the law work. He accuses the government of ignoring TikTok’s massive role in social media by excluding it from its definition of the market that Meta allegedly monopolized.

He’s also dismissive of the idea that Meta users pay for the services by consuming ads, saying they can just scroll past them.

Lauren Feiner
Lauren Feiner
FTC previews evidence that Meta allegedly sought to extinguish Instagram and WhatsApp as threats.

Prior to buying those nascent apps in 2012 and 2014, Facebook recognized both as significant competition, Federal Trade Commission attorney Daniel Matheson argues to open the government’s case.

The FTC will present evidence, such as emails from CEO Mark Zuckerberg, the apps’ founders, and investors, allegedly showing that Instagram and WhatsApp would have grown without Facebook’s help, and that the company’s motive was to take potential rivals out of the market.

Lauren Feiner
Lauren Feiner
We’re at the courthouse where Meta is facing its existential antitrust trial.

I’m here with my colleague Alex Heath at the federal courthouse in Washington, DC where the Federal Trade Commission and Meta are set to lay out their opening arguments beginning at 9:30 AM Eastern Time. Meta is fighting charges that it illegally monopolized a subset of the social media market through its acquisitions of Instagram and WhatsApp years ago.

We’ll keep you updated with the most notable news throughout the day.