Home Ad Exchange News The FTC’s Revised Facebook Suit; Legal Analyst Says Platform Should Be Regulated Like Big Tobacco

The FTC’s Revised Facebook Suit; Legal Analyst Says Platform Should Be Regulated Like Big Tobacco

SHARE:

Here’s today’s AdExchanger.com news round-up… Want it by email? Sign up here.

FTC You Next Time

The FTC had its Facebook antitrust case dismissed, and recently refiled a new suit. The issue is if Facebook’s competition includes YouTube, Snap, Pinterest, TikTok, LinkedIn, Reddit, Twitter, Spotify, Hulu and Netflix, then it’s hardly a monopolized market. The FTC’s response was to whittle Facebook’s market down to “Personal Social Networking (PSN) Services,” consisting of three services: Facebook, Instagram and Snapchat. Judge James Boasberg’s dismissal of the case indicates how difficult it is to bring antitrust suits against tech platforms. “The FTC’s Complaint says almost nothing concrete on the key question of how much power Facebook actually had, and still has, in a properly defined antitrust product market. It is almost as if the agency expects the Court to simply nod to the conventional wisdom that Facebook is a monopolist. After all, no one who hears the title of the 2010 film ‘The Social Network’ wonders which company it is about. Yet, whatever it may mean to the public, ‘monopoly power’ is a term of art under federal law with a precise economic meaning: the power to profitably raise prices or exclude competition in a properly defined market.” Stratechery has a breakdown of the FTC’s revisions. 

Wacky Tobaccy

Speaking of shaky market definitions, CNN legal analyst Asha Rangappa, former associate dean of Yale Law School, writes in an article for the law journal Cafe that Facebook should be as assiduously regulated as Big Tobacco. Rangappa argues Facebook and Instagram manipulate their feeds to generate dopamine rushes and, in cases, addiction. At a national, unregulated scale, she said Facebook’s impact on public health is akin to secondhand smoke. Widespread vaccine misinformation might be tied to COVID-19 deaths, for example. “Detrimental effects at the individual level now have spillover consequences that affect everyone.” Rangappa also pointed to the Surgeon General’s national advisory from July, the first such advisory of President Biden’s term, that vaccine misinformation spread by technology platforms represents an “urgent threat” right now. 

Nothing New

The Media Rating Council stripped Nielsen of its National and Local TV Rating accreditations, but the complaints at the core of the imbroglio are nothing new, writes media consultant Brad Adgate in Forbes. Broadcasters have grumbled for years, since Nielsen reports the steady decline of linear audiences. Then, Nielsen systemically underreported TV audiences during the pandemic. And now those complaints have cascaded into the MRC and into a public debate about media measurement. Is there still a place for panel-based metrics? Can a single audience rating accurately tally viewership across linear, streaming, mobile and desktop? NBCUniversal is calling for the end of a single measurement currency in TV, and for the industry to embrace alternatives, such as Comscore, Data Plus Math, iSpot, LiveRamp and VideoAmp – not to mention NBCU’s proprietary products. Discovery CEO David Zaslav scorched Nielsen in his recent earnings report. But Adgate said Nielsen has fended off similar attacks for decades. “With ad revenue tied so closely to TV ratings, networks, for the past 30-plus years, have, at times, questioned Nielsen’s ratings reports.

But Wait, There’s More!  

Data Axle acquired Lake Group Media and DonorBase. [release]

The silent partner cleaning up Facebook (or trying to) for $500M per year. [NYT]

Contentsquare acquired Hotjar. [release]

Subscribe

AdExchanger Daily

Get our editors’ roundup delivered to your inbox every weekday.

Tech companies are attempting to make private browsing mainstream. [Digiday]

Intuit could potentially buy Mailchimp for more than $10B. [Bloomberg]

You’re Hired

Deutsch NY taps Nicole Souza as CMO. [Mediapost]

Angi hires Dhanusha Sivajee as CMO. [Adweek]

Must Read

Lionsgate Enters The Ads Biz With An Exclusive Ad Server

The film and TV studio Lionsgate has chosen Comcast’s FreeWheel as its exclusive ad server to help manage and sell the growing volume of ad inventory Lionsgate creates with new FAST channels.

Layoffs

The Trade Desk Lays Off Staff One Year After Its Last Major Reorg

The Trade Desk is cutting its workforce. A company spokesperson confirmed the news with AdExchanger. The layoffs affect less than 1% of the company.

A Co-Founder Of DraftKings Wants To Help Creators Monetize Content

One of the DraftKings founders now leads HardScope, parent of FaZe Clan, aiming to bring FaZe’s content and distribution magic to creators beyond gaming.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

APIs Have Had Their Moment, But MCPs Reign Supreme In The Agentic Era

On Tuesday, Infillion launched fully agentic media execution platform built on MCP, marking a shift from the programmatic to the agentic era.

Albertsons Launches New Off-Site Click-to-Cart Tech

The grocery chain Albertson’s is trying to reduce the time and number of clicks it takes to add an item to an online shopping cart. It’s new click-to-cart product should help.

Pinterest Acquires CTV Startup TvScientific (Didn’t CTV That Coming)

Looks like Pinterest has its eyes – or its pins, rather – fixed on connected TV.