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‘This should never have happened’: lawmakers condemn Facebook’s Instagram merger – live ‘This should never have happened’: lawmakers condemn Facebook’s Instagram acquisition – live
(32 minutes later)
Jerry Nadler unimpressed with Mark Zuckerberg’s answer on Instagram acquisition, while Amazon boss Jeff Bezos accused of hypocrisy – follow live Jerry Nadler unimpressed with Mark Zuckerberg’s answer on Instagram deal, while Amazon boss Jeff Bezos accused of hypocrisy – follow live
Hank Johnson of Georgia asks Bezos about counterfeit products on Amazon, saying the company tries to avoid responsibility for third party sellers on its platform while also putting the cost burden on these third parties to police the site.
Bezos said Amazon does a lot to prevent counterfeiting, and has invested hundreds of millions of dollars in systems to detect counterfit products.
The hearing will take a brief recess now.
Representative Jerry Nadler addresses the issues Facebook and Google have caused in the media industry.
“Facebook and Google have greatly threatened journalism in the United States. Reporters have been fired, local newspapers have been shut down,” he said. “This is a very dangerous situation.”
Specifically he asked Zuckerberg about accusations Facebook overstated the success of videos posted to its social network, leading many media companies to beef up their video teams. When the inflated numbers never came to fruition, the pivot cost hundreds journalists their jobs.
“Do you realize the harm this caused journalists across the country?” he asked.
Zuckerberg claimed he did not know these numbers were inflated. “We regret the mistake”, he said.
Representative Jamie Raskin of Maryland goes in on Bezos over Amazon’s market share in the smart home space, specifically given the ubiquity of its smart speaker Alexa.Representative Jamie Raskin of Maryland goes in on Bezos over Amazon’s market share in the smart home space, specifically given the ubiquity of its smart speaker Alexa.
He said Alexa is often heavily discounted and suggests it is pushed on consumers as a means to continue pushing Amazon products long term. Raskin notes that when he asks Alexa to buy batteries, the assistant first suggests Amazon-brand batteries. Raskin asks: Alexa trained to favor Amazon products?He said Alexa is often heavily discounted and suggests it is pushed on consumers as a means to continue pushing Amazon products long term. Raskin notes that when he asks Alexa to buy batteries, the assistant first suggests Amazon-brand batteries. Raskin asks: Alexa trained to favor Amazon products?
“I don’t know if it’s been trained in that way,” Bezos said. “I’m sure there are cases where we do promote our own products is of course a common practice in business so it wouldn’t surprise me if Alexa sometimes does promote our own products.”“I don’t know if it’s been trained in that way,” Bezos said. “I’m sure there are cases where we do promote our own products is of course a common practice in business so it wouldn’t surprise me if Alexa sometimes does promote our own products.”
Raskin also noted Amazon’s continued acquisition of other market shares. He reads an email Bezos sent to staff when buying smart doorbell Ring:Raskin also noted Amazon’s continued acquisition of other market shares. He reads an email Bezos sent to staff when buying smart doorbell Ring:
“We’re buying market position not technology, and that market position and momentum is very valuable.” Ring now has more than 1,000 partnerships with local police forces.“We’re buying market position not technology, and that market position and momentum is very valuable.” Ring now has more than 1,000 partnerships with local police forces.
Representative Jayapal returns to intensive questioning of Zuckerberg over anticompetitive practices including acquiring competitors or threatening them.Representative Jayapal returns to intensive questioning of Zuckerberg over anticompetitive practices including acquiring competitors or threatening them.
She cited Instagram’s acquisition as an example, reading evidence gathered that Instagram founder Kevin Systrom said he was afraid of Zuckerberg and how Facebook would respond if he declined to sell the platform. Jayapal’s closing comment was a zinger:She cited Instagram’s acquisition as an example, reading evidence gathered that Instagram founder Kevin Systrom said he was afraid of Zuckerberg and how Facebook would respond if he declined to sell the platform. Jayapal’s closing comment was a zinger:
Representative Lucy McBath of Georgia in her questioning played a recording from a book seller who sold books on Amazon and felt her sales were throttled by Amazon. In the recording, she pleads with Bezos to help her company.Representative Lucy McBath of Georgia in her questioning played a recording from a book seller who sold books on Amazon and felt her sales were throttled by Amazon. In the recording, she pleads with Bezos to help her company.
Many advocates for small businesses praised the tactic, noting that it is rare to see Bezos confronted with the impact of his business.Many advocates for small businesses praised the tactic, noting that it is rare to see Bezos confronted with the impact of his business.
Bezos was also faced with criticisms that third party sellers have extreme difficulty contacting anyone at the company when they have problems selling on the platform.Bezos was also faced with criticisms that third party sellers have extreme difficulty contacting anyone at the company when they have problems selling on the platform.
One seller quoted even compared Amazon to a drug dealer, saying “because you just kept going and you had to get your next fix, but at end of the day you find out that this person was seemingly benefitting is ultimately going to be your downfall.”One seller quoted even compared Amazon to a drug dealer, saying “because you just kept going and you had to get your next fix, but at end of the day you find out that this person was seemingly benefitting is ultimately going to be your downfall.”
In fact, there is a whole industry dedicated to helping these sellers when Amazon will not.In fact, there is a whole industry dedicated to helping these sellers when Amazon will not.
Representative Joe Neguse asks Zuckerberg about Facebook’s acquisitions of other companies and competitors, citing the purchases of Instagram and Whatsapp as examples.Representative Joe Neguse asks Zuckerberg about Facebook’s acquisitions of other companies and competitors, citing the purchases of Instagram and Whatsapp as examples.
He asked Zuckerberg about an email he sent that was discovered in the investigation, in which Zuckerberg wrote: “I can just buy any competitive startup - but it’ll be a while before we can buy Google.”He asked Zuckerberg about an email he sent that was discovered in the investigation, in which Zuckerberg wrote: “I can just buy any competitive startup - but it’ll be a while before we can buy Google.”
“I don’t recall specifically, but it sounds like a joke,” Zuckerberg said.“I don’t recall specifically, but it sounds like a joke,” Zuckerberg said.
Neguse said Facebook’s market share in the last several years is “not a joke.” The company has used that power to “either purchase or replicate the competition”.Neguse said Facebook’s market share in the last several years is “not a joke.” The company has used that power to “either purchase or replicate the competition”.
“Facebook, Facebook Messenger, WhatsApp, and Instagram, are the most now downloaded apps of the last decade, and your company sir owns them all,” he said. “We have a word for that, and that word is ‘monopoly.’”“Facebook, Facebook Messenger, WhatsApp, and Instagram, are the most now downloaded apps of the last decade, and your company sir owns them all,” he said. “We have a word for that, and that word is ‘monopoly.’”
A verbal scuffle breaks out on the floor when Representative Mary Gay Scanlon opened her questioning with a sharp criticism of Steube and other Republicans.A verbal scuffle breaks out on the floor when Representative Mary Gay Scanlon opened her questioning with a sharp criticism of Steube and other Republicans.
“I’d like to redirect your attention to antitrust law rather than fringe conspiracy theories,” she said.“I’d like to redirect your attention to antitrust law rather than fringe conspiracy theories,” she said.
She again questioned Amazon over its strategies to overtake competitors, using an example of diaper sales as an example.She again questioned Amazon over its strategies to overtake competitors, using an example of diaper sales as an example.
In a strange exchange, yet another congress member has targeted the tech executives over supposed anti-conservative bias.In a strange exchange, yet another congress member has targeted the tech executives over supposed anti-conservative bias.
Representative Greg Steube asked Sundar Pichai why his campaign emails are being sorted into the Spam inbox on his parents’ Gmail accounts. He claimed it was an anti-conservative conspiracy.Representative Greg Steube asked Sundar Pichai why his campaign emails are being sorted into the Spam inbox on his parents’ Gmail accounts. He claimed it was an anti-conservative conspiracy.
“This is appears to only be happening to conservative Republicans,” he said. “I don’t see anything in the news or anything in the press or members on the other side of the aisle talking about their campaign emails getting thrown in junk folders in Gmail - so my question is is why is this only happening to Republicans?” he asked.“This is appears to only be happening to conservative Republicans,” he said. “I don’t see anything in the news or anything in the press or members on the other side of the aisle talking about their campaign emails getting thrown in junk folders in Gmail - so my question is is why is this only happening to Republicans?” he asked.
Pichai said “there is nothing in the algorithm that has to do with political ideology”.Pichai said “there is nothing in the algorithm that has to do with political ideology”.
A report from the Markup published in February found many political candidates - both conservative and progressive - find that Google’s algorithm sends their emails to Spam or to other inboxes.A report from the Markup published in February found many political candidates - both conservative and progressive - find that Google’s algorithm sends their emails to Spam or to other inboxes.
Upon return from the recess, finally a question for Bezos. Rep. Pramila Jayapal asks if Amazon accesses data from third parties to sell its own brands, asking Bezos for “a yes or no” answer.Upon return from the recess, finally a question for Bezos. Rep. Pramila Jayapal asks if Amazon accesses data from third parties to sell its own brands, asking Bezos for “a yes or no” answer.
Bezos gives a rambling response, declining to deny or confirm the allegation.Bezos gives a rambling response, declining to deny or confirm the allegation.
Jayapal notes that an April 2020 investigation from the Wall Street Journal found evidence that Amazon does engage in such anticompetitive practices. Amazon has access to data that “far exceeds” the sellers on the platform with whom it competes, the report found.Jayapal notes that an April 2020 investigation from the Wall Street Journal found evidence that Amazon does engage in such anticompetitive practices. Amazon has access to data that “far exceeds” the sellers on the platform with whom it competes, the report found.
“So you can set the rules of the game for your competitors, but not actually follow those same rules for yourself,” she said. “Do you think that’s fair to the mom and pop third party businesses who are trying to sell on your platform?”“So you can set the rules of the game for your competitors, but not actually follow those same rules for yourself,” she said. “Do you think that’s fair to the mom and pop third party businesses who are trying to sell on your platform?”
Another flashpoint in the first hours of the hearing - and one that arguably does not have to do with antitrust - was questions from Matt Gaetz of Florida regarding whether Google will continue to work with police despite backlash.Another flashpoint in the first hours of the hearing - and one that arguably does not have to do with antitrust - was questions from Matt Gaetz of Florida regarding whether Google will continue to work with police despite backlash.
Pichai said Google has no plans to end police contracts. “Congressman, we are committed to continuing to work with law enforcement,” he said.Pichai said Google has no plans to end police contracts. “Congressman, we are committed to continuing to work with law enforcement,” he said.
The hearing calls a ten minute recess to address technical issues - apparently related to Amazon’s feed. Maybe that’s why Bezos hasn’t been asked much yet.
Now Zuckerberg is being asked about the Cambridge Analytica scandal and hate speech on the platform.
He is asked about the recent boycott of Facebook by advertisers over hate speech.
“We’re very focused on fighting against hate speech and our commitments to those issues and fighting them go back years before this recent movement,” he said. “Since 2016, the defenses that the company is built out to help secure elections in the US and around the world.”
Apple CEO Tim Cook is addressed by Representative Hank Johnson of Georgia, who asks how Apple can so closely control its App Store without participating in anti-competitive behavior.
He said during the antitrust investigation Congress members heard concerns that rules governing the App Store review process are not available to the app developers.
“The rules are made up as you go and subject to change - and Apple expects developers to go along with the changes or leave the app store,” Johnson said. “That’s an enormous amount of power.”
Cook repeated his claims that the App Store is not a monopoly because it does not charge the vast majority of apps to list there. He said 84% of apps are not charged anything and Apple has not increased commissions on apps since 2008.
In the first few hours of testimony, Jeff Bezos has not yet been asked a single question. Poor Jeff!
Rep. Ken Buck of Colorado opens his questioning with a grand statement: “Capitalism is the greatest tool for freedom the world has ever seen,” he says, apropos of nothing.
He then criticizes Google for withdrawing from a $10bn Pentagon contract because it “does not align” with Google’s values while working on government projects in China, like the controversial project Dragonfly- a search engine that would work with the Chinese government.
“What values do Google and communist China have in common?” he asked executive Sundar Pichai.
Representative Jerry Nadler of New York is next in line to question the executives. He zeros in on Facebook’s history of acquiring competitors or stealing their ideas, referencing internal documents that revealed Facebook bought Instagram to neutralize it as a competitive threat.
If so, the deal was illegal under antitrust laws and should be unwoven, legislators have argued.
“If this was an illegal merger at the time of the transaction, why shouldn’t Instagram now be broken off into a separate company?” Nadler asked.
Zuckerberg said the acquisition was made in part to help Instagram build up its infrastructure and security as it experienced rapid growth. Nadler was not impressed with the answer.
“This is exactly the type of anticompetitive acquisition the antitrust laws were designed to prevent, and this should never have happened in the first place, it should never have been permitted to happen, it cannot happen again.”
Representative Sensenbrenner launches again into his concerns about anti-conservative bias on social platforms, asking Zuckerberg why conservatives are “censored” on Facebook.
“Conservatives are consumers too,” he said.
He specifically asked Zuckerberg why Donald Trump Jr. was removed from the platform for sharing a video containing false information this week. Zuckerberg politely explained to the representative that it was Twitter that limited Trump’s account for posting the video.
The video in question was, however, removed from Facebook though no accounts sharing it were censored. Sensenbrenner asked Zuckerberg why the video, which made baseless claims about coronavirus, was removed. He said people should be allowed to share posts that hail hydroxychloroquine as a “cure” for coronavirus even though the drug has not been found to be an effective treatment.
Zuckerberg said the video violates Facebook’s safety policies, which “prohibit content that will lead to imminent risk of harm”.
“Stating that there is a proven cure for Covid when there is in fact not might encourage someone to go take something that could have some adverse effect, so we do take that down,” he said.
Zuckerberg, as he often does in Congressional hearings or when faced with criticism about accuracy on Facebook repeated his go-to line: “We do not want to be the arbiters of truth,” he said.
Cicilline starts by assailing Alphabet chief executive officer Sundar Pichai with accusations of anticompetitive behavior from Google.
“So my first question, Mr. Pichai, is why does Google steal content from honest businesses?” Ciccilline said.
He said small businesses have accused Google of taking their content and listing on its own pages. One example cited was Google in 2010 taking reviews from Yelp and cross-posting them to its own pages. When Yelp asked Google to stop, Google reportedly threatened to remove Yelp from its search listings entirely.
Cicilline said this behavior is “economically catastrophic” for other companies online.
“The evidence seems very clear to me that as Google became the gateway to the internet, it began to abuse its power,” he said. “It used its surveillance over web traffic to identify competitive threats and crushed them. It has dampened innovation and new business growth.”
Finally Mark Zuckerberg provides his opening statement, attempting to set Facebook apart from the other companies on the stand today.
He said acquiring other companies like Instagram is not monopoly behavior.
“Facebook stands for set of basic principles, giving people voice and economic opportunity, keeping people safe upholding democratic traditions like freedom of expression and voting and enabling an open and competitive marketplace,” he said.
Read Zuckerberg’s full testimony here.
Tim Cook up next, arguing Apple does “not have a dominant market share” in any market where it does business. He addresses recent criticism that the rules surrounding Apple’s App Store unfairly charges companies to list apps.
“After beginning with 500 apps, today the App Store hosts more than 1.7 million – only 60 of which are Apple software,” Cook’s he said. “Clearly, if Apple is a gatekeeper, what we have done is open the gate wider. We want to get every app we can on the store, not keep them off.”
Read his full testimony here.