In: Economics
what an acquisition or merger that was ultimately blocked by US antitrust authorities. Give your opinion regarding the outcome taking the viewpoint of the companies involved and of society at large.
In order for the FTC to find an anti trust issue, the proposed
merger must violate of the following four federal laws:
1. The
Sherman Act (The Sherman Act outlaws "every contract,
combination, or conspiracy in restraint of trade," and any
"monopolization, attempted monopolization, or conspiracy or
combination to monopolize." Long ago, the Supreme Court decided
that the Sherman Act does not prohibit every restraint of
trade, only those that are unreasonable.)
The purchase of Google by Facebook does not create a monopoly
on Social Media. I believe this is because Social Media as a
concept is largely undefined, in the context of Facebook I see the
purchase as an addition to their product offering to retain
existing user base.
2. The Clayton Act
(The Clayton Act addresses specific practices that the Sherman Act
does not clearly prohibit, such as mergers and interlocking
directorates (that is, the same person making business decisions
for competing companies). Section 7 of the Clayton Act prohibits
mergers and acquisitions where the effect "may be substantially to
lessen competition, or to tend to create a monopoly.").
The purchase of Google by Facebook does not lessen competition
in social media. Facebook does not charge money for its user base
to use Facebook; the company makes its money by passthrough AD
revenues. As stated above, I see the purchase as an addition to
their product offering to retain existing user base.
3. The Robinson-Patman
Act of 1936(bans certain discriminatory prices, services,
and allowances in dealings between merchants. Also colloquially
known as anti price fixing.)
The purchase of Google by Facebook does not create pricing
collusion between two parties as Instagram is an unrelated service
to Facebook. Facebook does not charge money for its user base to
use Facebook; the company makes its money by passthrough AD
revenues. As stated above, I see the purchase as an addition to
their product offering to retain existing user base.
4. The
Hart-Scott-Rodino
Antitrust Improvements Act (require companies planning large
mergers or acquisitions to notify the government of their plans in
advance.)
This point is irrelevant to the argument, if this had not been
in compliance the merger would have been blocked
already.
I don't think any of these apply as there are more than enough
examples of social media companies that exist and are successful at
their business.