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Federal regulators and states sue Facebook on antitrust grounds

09 December 2020
Dan Ackermann

State and federal antitrust enforcers accused Facebook of illegally hurting competition by buying smaller rivals and engaging in other harmful behavior in a pair of antitrust lawsuits Wednesday.

Why it matters: With Google already facing an antitrust lawsuit from the Justice Department and state attorneys general, the Facebook case is another major test of the government's power to police internet giants.

Details: The Federal Trade Commission and more than 40 state and territorial attorneys general in parallel lawsuits filed in federal court both say Facebook has maintained an illegal monopoly shored up by the 2012 purchase of Instagram and the 2014 acquisition of WhatsApp.

Catch up quick: Past acquisitions that helped turn Facebook into the juggernaut it is today have come under intense scrutiny, and Congressional antitrust leaders grilled Facebook CEO Mark Zuckerberg on them this summer.

  • The FTC has been studying past tech mergers to see if they need to be re-evaluated in light of how the industry has evolved, and Chairman Joe Simons has said he wouldn't rule out unwinding past mergers.

What they're saying: Facebook has argued consumers benefitted from those mergers, and that neither Instagram nor WhatsApp would be what it is today without Facebook at the helm.

The big picture: The flurry of antitrust activity in the online sector that began in 2019 is coming to fruition, but the cases will take time to go through court.

  • New York AG Letitia James announced the multi-state Facebook antitrust investigation that resulted in Wednesday's suit last year, shortly after Facebook revealed it was facing a separate FTC antitrust investigation.
  • Eleven Republican state AGs joined the DOJ's lawsuit against Google in October, while a separate state investigation of the search giant is expected to wrap up soon.

What's next: The Facebook cases will have to wind through court. With Joe Biden taking office next month, the FTC's case will ultimately be seen through by an agency with a different lineup of commissioners and a new chairperson.

Transcripts show George Floyd told police "I can't breathe" over 20 times

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Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.

Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.

The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.

  • The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.

What the transcripts say:

  • Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
  • The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
  • Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."

Read the transcripts via DocumentCloud.