UK competition regulator to Meta's Facebook: Sell Giphy, we will not approve the purchase
- Reference: 1638278111
- News link: https://www.theregister.co.uk/2021/11/30/uk_competition_regulator_facebook/
- Source link:
Today's [2]directive is effectively the same as that [3]handed down in August , when the Competition Markets Authority voiced concerns that could only be resolved if Facebook was to offload the $400m acquisition it made in May 2020.
The panel that ran their finger over the merger concluded the buy would only tighten Facebook's already vice-like grip on the social media landscape by:
denying or limiting other platforms' access to Giphy GIFs, driving more traffic to Facebook-owned sites – Facebook, WhatsApp and Instagram – which already account for 73 per cent of user time spend on social media in the UK, or
changing the terms of access by, for example, requiring Tik Tok, Twitter and Snapchat to provide more user data in order to access Giphy GIFs.
The purchase of Giphy was signed more than 17 months ago but Meta was so far [4]unable to integrate the business into Zuck's megacorp, despite Facebook's protest that it should be allowed to fold in the business while the CMA's probe ran on.
Just last month the [5]CMA fined Facebook £50m ($68.7m) for "consciously refusing to report all the required information" pertaining to buy of Giphy - which had 200 million daily active user and 250 monthly active users in July 2017 - as requested by the regulator.
[6]
The CMA said it also closely inspected how the purchase would affect the display advertising industry, again highlighting that prior to Facebook's interest, Giphy had launched ad services in the US for Dunkin' Donuts and Pepsi to market their brands via visual images and GIFS. Expansion to other countries, including the UK, was considered.
[7]
[8]
This ad biz had the "potential to compete" with Facebook's own ad revenues and Facebook "terminated" this fledgling unit when it announced the takeover, removing a possible threat - something that worried the CMA given Facebook's control of almost half of the £7bn display ad market in the UK.
After consultations with interested businesses and organisations, the CMA concluded the only way to address those competition worried was by "Facebook selling Giphy in its entirety to an approved buyer".
[9]
"The tie-up between Facebook and Giphy has already removed a potential challenger in the display advertising market," said Stuart McIntosh, Chair of the independent inquiry group at the CMA that undertook the phase 2 investigation.
He added that without action Facebook would be allowed to "increase its significant market power in social media even further, through controlling competitors' access to Giphy GIFs.
"By requiring Facebook to sell Giphy, we are protecting millions of social media users and promoting competition and innovation in digital advertising," McIntosh said.
[10]Once again, Facebook champions privacy ... of its algorithms: Independent probe into Instagram shut down
[11]Search 'middle finger' on Giphy: Basically Facebook's response to UK competition concerns over merger
[12]A 'national security' issue: UK.gov blocks Nvidia's Arm deal for now, inserts deeper probe
[13]UK watchdog launches full probe of Motorola Solutions' cop-comms deals on Emergency Services Network
[14]'We are not people to Mark Zuckerberg, we are the product' rages Ohio's Attorney General in Facebook lawsuit
The Reg can't help but feel that door was already left open when the buys of WhatsApp and Instagram were waved through. Yet somehow this saga might not yet be over.
A Meta spokesperson sent us a statement:
[15]
"We disagree with this decision. We are reviewing the decision and considering all options, including appeal. Both consumers and GIPHY are better off with the support of our infrastructure, talent, and resources. Together, Meta and GIPHY would enhance GIPHY's product for the millions of people, businesses, developers and API partners in the UK and around the world who use GIPHY every day, providing more choices for everyone."
®
Get our [16]Tech Resources
[1] https://www.theregister.com/2021/10/29/zuckerberg_meta_facebook/
[2] https://www.gov.uk/government/news/cma-directs-facebook-to-sell-giphy
[3] https://www.theregister.com/2021/08/13/facebook_giphy_block/
[4] https://www.theregister.com/2020/11/16/facebook_giphy_tribunal_ruling/
[5] https://www.theregister.com/2021/10/20/facebook_cma_fine/
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YaZYuxXxFhr-LOu3CYMAigAAABQ&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YaZYuxXxFhr-LOu3CYMAigAAABQ&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YaZYuxXxFhr-LOu3CYMAigAAABQ&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YaZYuxXxFhr-LOu3CYMAigAAABQ&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[10] https://www.theregister.com/2021/08/13/algorithmwatch_shut_down/
[11] https://www.theregister.com/2021/09/09/facebook_cma_giphy/
[12] https://www.theregister.com/2021/11/16/nvidia/
[13] https://www.theregister.com/2021/10/25/cma_motorola_solutions_esn_probe/
[14] https://www.theregister.com/2021/11/17/meta_ohio_shareholders/
[15] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YaZYuxXxFhr-LOu3CYMAigAAABQ&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[16] https://whitepapers.theregister.com/
The CMA regularly makes decisions about corporations that aren't managed from the UK. Just look at the recent list: https://www.gov.uk/cma-cases Air Europa, Nvidia, Sony Music...
Facebook thinks it's a special case but it ain't. It's already been fined 50 million quid by the CMA over its Giphy antics. The CMA has teeth! https://www.gov.uk/government/news/cma-fines-facebook-over-enforcement-order-breach
The CMA only has teeth if it can collect that fine. The ICO found out the hard way that issuing fines and receiving actual physical payments are 2 completely separate things. Even the ICO had to concede that it would never be able to chase payment from foreign entities with no physical presence in the UK.
Facebook is definitely selling ads in the UK, so that should not be an issue. They have a growing office presence as well.
Catch 22?
" Even the ICO had to concede that it would never be able to chase payment from foreign entities with no physical presence in the UK.
UK GDPR Article 27 'Representatives of controllers or processors not established in the United Kingdom' requires any such organsiation to appoint a representative via which compliance can be enforced. Failure to do so is itself an offence, but in the absence of a representative or presence, enforcement may not be possible. An interesting conundrum at least.
Facebook very much have a UK presence... They have 2700 employees in the UK, and at least 1 building in London...
Facebook UK Ltd as an entity has a UK presence, however records show that the sole company officers are based in the USA, and that at their last declared financial position, they had about £600K of local assets. So again, good luck enforcing those fines.
[1]Current officers
[2] Pre-covid Accounts (scroll to page 14)
[1] https://find-and-update.company-information.service.gov.uk/company/06331310/officers
[2] https://s3.eu-west-2.amazonaws.com/document-api-images-live.ch.gov.uk/docs/AfkiI0gZsGuC5MVwLV4qaXzUqyHH1hQmsXJA3b2XA_g/application-pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=ASIAWRGBDBV3KIYC452G%2F20211130%2Feu-west-2%2Fs3%2Faws4_request&X-Amz-Date=20211130T155906Z&X-Amz-Expires=60&X-Amz-Security-Token=IQoJb3JpZ2luX2VjECUaCWV1LXdlc3QtMiJGMEQCIGUtGMz3mltnXR39yB6QbTVmnQx0H9PJ2kKxQraGcbC1AiAI0fxDDj6HKah3G0DmOejaVtWIVB7C9kppKkCGz9KTxyqDBAju%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAQaDDQ0OTIyOTAzMjgyMiIMtXJiK5gkNoaWzd6XKtcDYKoBiAwtxnfUQv0pED4F4aFKO7cLxCu9ByX0qBDsXyiXHLNvKLnDGrCDEpC3I8jnyGMQ7HXN0%2B4z%2BNQFQF88uDOVo39aPEQvlIj9i%2FHezEWBOjo%2FFsRvX3EZl3Q54SAOz9qvoiXABHhYSWS6Vd9F1uoy%2BWjewxIDbq7zPtc9Zp3DaNuREPEAClCGMEFIIYjKBddvdjjDbY9edyjOJPW5ZlIkFbBvBE2%2FI%2FdC0h0U39B4XQmLpfHB4Pjf2oJ4edmEmsSi3SyZITwxaMZNT7BnoB7H3%2F4eg8tVYS64KstCnQRkhNkjk%2BC1s4hOOm6fWtopbI%2B7s6c0KDMu0AoSeBrObJ7faXd5C0ew%2B0Pd6KzIIV%2B1MApARrZ9fBso%2Bqy4fRyrMZ29Y6liHyHTpxUQibivDzrDUdjiDz6%2FDOcUP6c38GMyQb%2BMDGvT1qzF%2BPgMdDxHQKlr98Tgwk3nWcysAEKe9drgdw0eUDFgObI8KVWsLxkD2C%2BsLi3ENXD3gOJtoqWY4Sufn8pEzNmu2lVSOISXZJ%2Fvm4DBNBBWtgYmVo28Nrol0P1UJBNnpRuxVWJuhxYeXQncFA5hONTM0ZAyNAhWQ39ghokk71rgoaE%2FodpfVP4Bw41NsG2lMPm%2FmI0GOqYBiig3D1y7gJjONBUGcxEwRXcUEEwP0WjBmxCQfzehLwL8Gb02U2gybNQ%2F1%2BxRwxUgIdgbVutyMWXo1NDAZqo6VSfFsl23D6w8v0TlrYpIBeIWsO3DhMn4fUYkAPiCHZnAbOcvINFCQlzXnRSUJRgcmJ7Szwi3peO9CIkRabuxoXn5HpM6oDhpXb6ZNxz5S4X3p%2BO%2BXnA6y0zGS5FM9HjF1e1ajXWIvQ%3D%3D&X-Amz-SignedHeaders=host&response-content-disposition=inline%3Bfilename%3D%22companies_house_document.pdf%22&X-Amz-Signature=d0a6d9cbc5eef72484d788400d205ae517983efbb4c38c5c752d75f8b000e232
It is not as easy for Facebook to liquidate and set up a new company as it is for some fly-by-night nuisance calling operation.
will Meta pull services
That would be the best outcome.
>and wait for the masses to scream at the authorities to rethink the situation
If so, I hope they're waiting a long time.
The Openreach solution
Surely the CMA should be persuaded that if BT/Openreach "independence" is acceptable regarding the quasi-cornering of ISP provision, then a similar measure might be an acceptable one for Facebook?
Though, to be completely fair, at least BT plays along with the CMA. FB failing statutory reporting measures is an own goal deserving of a forced reversion of sale...
Real problem
Again they are focusing on issues irrelevant in the grand scheme of things.
What really is stifling competition is tax avoidance by these big corporations. How smaller company can compete with an organisation that has substantially smaller tax burden?
CMA should have been breathing on HMRC neck and checking how DPT (Deferred Profit Tax) is being investigated and paid.
CMA should maintain an index comparing how much tax % wise SMEs pay versus big corporations and ensure that those corporations falling behind are getting excluded from the market.
Re: Real problem
I doubt what you ask for is within CMA's remit. We have enough problems with govt. over-reach without trying to encourage it.
Re: Real problem
Not sure what is the point of that organisation then.
It seems like a very poor value for money.
"A Meta spokesperson sent us a statement:...."
To quote - well, they would say that, wouldn't they.
Giphy still exists? I stopped using them in May 2020.
I wonder why...
Eh?
“ Both consumers and GIPHY are better off with the support of our infrastructure, talent, and resources”
You could substitute “Both consumers and GIPHY” with any phrase you care to come up with and it’s still impossible for that sentence to make any sense. The only exception is the phrase “Nobody”
Be interesting to see if the CMA has teeth here, its dealing with a big multinational that is not headquartered in the UK.
Will it make any difference or will Meta pull services and wait for the masses to scream at the authorities to rethink the situation.
Seems very like the no default password rules mulled, great on paper but you wonder how it will work in our global reality.