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Antitrust

How big is too big? And when does a company become so big that the government is forced to step in and make it smaller? Politicians have been struggling with those questions for at least a hundred years. But as the latest generation of tech companies has taken shape, the questions are becoming more and more relevant to internet giants like Google and Facebook. There’s a new movement in Washington to break up those companies, whether through a Justice Department lawsuit or an old-school appeal to the Sherman Antitrust Act. It’s a struggle Microsoft fended off in the ‘90s, and it has only grown more urgent in the years since. As Amazon has taken a stranglehold of online retail, Jeff Bezos’ company has started to attract antitrust attention as well, with figures like Sen. Elizabeth Warren and Lina Khan taking aim at Amazon’s cutthroat competitive strategies. If it succeeds, it would be one of the most ambitious government projects in a generation — but success is still a long way off.

Lauren Feiner
Lauren Feiner
User engagement on Instagram wasn’t as great as it seemed.

Schultz says he “quibble[s]” with the idea that Instagram had good engagement pre-acquisition. “I didn’t think it had the highest engagement when I got to see the numbers when it was inside,” he says.

Lauren Feiner
Lauren Feiner
Are Snapchat and MeWe the only things holding back Meta’s dominance?

The FTC’s theory that Meta’s power is only constrained by these two apps is “ridiculous,” Schultz testifies, concluding his examination by Meta’s attorney.

Lauren Feiner
Lauren Feiner
Mapping users’ connections is becoming less important.

Creating a social graph of users’ friends, likes, and interests isn’t as meaningful for social apps as it used to be, Schultz says. That’s thanks to advances in AI, which has made it easier to predict and serve content to users they might not have even known they’d like. The FTC says Meta’s network effects and extensive mapping of users’ connections makes it difficult for upstarts to dislodge it.

Lauren Feiner
Lauren Feiner
Instagram would have followed Twitter’s growth strategy.

Had Meta never bought the app, Schultz says Instagram would have continued to copy Twitter. “I think Twitter had a less effective growth team than us,” he says.

Lauren Feiner
Lauren Feiner
‘Kevin overreacted.’

After a brief dip in Instagram’s growth rate in 2018 due to changes in how Facebook promoted it, the app’s growth rate recovered and continued to go up and to the right, a chart shown in court shows. Schultz says the results mean the change wasn’t as dire as Systrom might have believed.

Lauren Feiner
Lauren Feiner
‘In the end, it didn’t matter.’

For all the tension that came from Facebook’s decision to promote Instagram less from its app, it wasn’t all that consequential for Instagram’s growth in the end, Schultz testifies. Instagram’s growth rate dipped 14 percent, but it was still growing users overall. Ultimately, Schultz says, it was a “blip.”

Lauren Feiner
Lauren Feiner
The other side of the Instagram ‘skirmish.’

Schultz acknowledges there was tension between his central growth team and Systrom in the mid-2010s, which we heard about from Systrom’s perspective a few weeks ago. While Systrom described a situation where Meta pulled back growth staff for Instagram, Schultz says Systrom was uninterested in the tweaks his team suggested to grow the app. It was only after the growth team pulled back from Instagram that Systrom realized their value and wanted them back, Schultz recalls.

Lauren Feiner
Lauren Feiner
Meta trial enters week five.

The FTC is expected to wrap up its case this week, meaning Meta will then get the chance to call its own witnesses for its case-in-chief. Meta CMO Alex Schultz is back on the stand testifying about the staffing and expertise the company gave Instagram after its 2012 acquisition. He says that for the first three to four years post-deal, Meta gave Instagram co-founder Kevin Systrom pretty much “everything he wanted.”

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Nilay Patel
Lauren Feiner
Lauren Feiner
People like Meta about as much as Wells Fargo.

Schultz says when he took on the task of leading the company’s brand reputation, it was like “catching a falling knife.” But things have since gotten better. He says relative brand sentiment for Meta falls somewhere in the middle of other companies it measures against, putting it pretty close to the bank that in 2020 settled a criminal investigation with the US government over alleged fraud.

Lauren Feiner
Lauren Feiner
Focusing on friends and family helped Instagram grow.

When Instagram ran a test showing one group more friends and family-focused content, it reported in 2016 that it found a 7 percent increase in time spent on the platform and a 7 percentage point increase in user retention. Turning to cross-examination, Meta’s attorney points out a lot has changed in the market since that period.

Lauren Feiner
Lauren Feiner
Keeping Messenger alive post-WhatsApp could ‘prove there is competition.’

Meta CMO Alex Schultz is back on the stand after Mosseri finished testifying. In a 2014 email shortly after Facebook announced its WhatsApp acquisition, Schultz responded to an executive concerned that the Messenger team was “demotivated by the announcement.” Schultz said he was “more motivated than ever to still be working on messenger.” The first explanation he listed: “Have to keep things honest so the deal doesn’t fall through and prove there is competition.”

Lauren Feiner
Lauren Feiner
‘Make Instagram Instagram again.’

The FTC revisits the Kardashain-popularized meme pushing back on Instagram’s design overhaul that it later walked back. It’s walking through a 2022 interview with The Verge where Mosseri explained the decision. He testifies that people always complain about change, and that connecting with friends remains an important reason users come to the app, but Instagram has to to adapt the form in which they facilitate that in order to survive.

Lauren Feiner
Lauren Feiner
Creators always want more reach.

“I never met a creator who didn’t think they deserved more reach than they were getting,” Mosseri says. But the reality is, he adds, there’s two times as many creators this year than last, so the field is getting more and more saturated. “Even though Instagram might benefit, there are winners and losers within the creator ecosystem.”

Lauren Feiner
Lauren Feiner
‘TikTok is notorious about being very loose with its data.’

Mosseri takes the jab at TikTok after the FTC asks about the reliability of TikTok’s data evaluating how much its features are used. The FTC may be underscoring a TikTok executive’s earlier testimony that it’s “friends” feed only makes up a small percentage of videos viewed on the app. That goes toward the FTC’s argument that users don’t primarily go to TikTok to connect with friends, as they more often do with Instagram.

Lauren Feiner
Lauren Feiner
‘One of the best acquisitions of all time.’

That’s how Mosseri describes Facebook’s decision to buy Instagram in 2012. He says that both companies “benefited greatly” — Instagram, from Facebook’s resources and experience, and Facebook, from the founders’ talent for building compelling products.

Lauren Feiner
Lauren Feiner
Instagram ‘drifted culturally a bit too far’ from Facebook.

Mosseri found himself in the middle of the tension between the two companies, having moved to Instagram from Facebook. He understood some of the concerns the Instagram founders had about things like discontinuing some links from Facebook to Instagram, and similarly disagreed with certain changes from Facebook, but “also thought they were being made more of than they needed to be.”

Lauren Feiner
Lauren Feiner
Instagram has spent up to $700 million in a year to lure creators.

Mosseri estimates this is the most Instagram has spent in a given year on creator incentives. Instagram sees creators as a good source of content after many rank-and-file users began posting fewer of their own updates.

Lauren Feiner
Lauren Feiner
‘Compared to the competition, we are looking a bit sad.’

That’s how Mosseri describes the state of things in late 2021, where a chart in a board presentation shows relatively flat growth in time spent on Instagram. If you were to look at Instagram’s growth here in isolation, he says, it would look like Instagram had some positive, modest growth. But comparing it to TikTok’s explosive rise tells a different story.

Lauren Feiner
Lauren Feiner
‘We need to adapt, and do so quickly.’

In a March 2020 update to Instagram staff, Mosseri gave a bleak overview of the challenges the company was facing. “The engagement trends, particularly in the US, have been concerning. Time spent has dropped, stories consumption and production have plateaued, Feed’s decline has continued, and time in Explore has been sliding since the summer of 2018,” he wrote, blaming the slide, in part on some of the company’s own mistakes “and competition from TikTok and Snapchat.”

Lauren Feiner
Lauren Feiner
Mosseri calls the first version of Reels his ‘biggest mistake.’

The first time around, Instagram tried to build its short-form video concept on top of Stories, which he says was “not a sound foundation” for the product. “I think we could have and should have been more aggressive,” he says about building Reels and competing with TikTok.

Lauren Feiner
Lauren Feiner
‘TikTok is probably the fiercest competition that we have faced.’

Mosseri says Meta is always focused on competition, but TikTok represented the greatest he’s seen during his time at the company. After seeing engagement plateau in 2019, however, the company has since bounced back thanks to building out Reels and better AI-powered recommendations. “We’ve seen a lot of growth for the overall app, though the percentage of the app spent on friend content has gone down,” Mosseri testifies.

Lauren Feiner
Lauren Feiner
‘You’re either growing, or you’re slowly dying.’

Mosseri testifies that “growth is everything” to Instagram and the company was deeply concerned to see feed impressions declining and engagement on stories plateauing in 2019. “Competition from TikTok is a big concern,” a presentation from the time says, adding a “conservative estimate” that 40 percent of the decline in time spent on Instagram was due to TikTok, and 23 percent in the US in particular.

Lauren Feiner
Lauren Feiner
TikTok and YouTube have become more similar to Instagram.

Mosseri says he used to think of those platforms as more “lean-back experiences,” but that’s changed in recent years. TikTok is now “every bit as participatory as we are at this point” and as YouTube has leaned into Shorts, it’s “brought them closer to us.” Mosseri notes that TikTok now has a friends tab, which a TikTok executive testified earlier in trial only accounts for about 1 percent of the videos viewed on the app.

Lauren Feiner
Lauren Feiner
Instagram doesn’t want to be a ‘lean-back experience.’

In a January Reel, Mosseri announced a new feed within Instagram of videos their friends have liked in an effort to make sure Instagram is not just “a lean-back experience, but a participatory one, a social one.” It underscores how Instagram still sees connecting friends as a core experience on its app. Mosseri testifies he was distracted watching the video because “I’m mostly focusing on the one comment that said ‘definitely not a good idea.’”

Lauren Feiner
Lauren Feiner
‘Part of our core identity’ is connecting friends.

In this 2024 video played in court, Mosseri explains that Instagram doesn’t plan to go after the long-form video market because it’s not as conducive to sharing and interacting with friends. Mosseri testifies that even today, “I still think friends are an important part of the experience.”

Lauren Feiner
Lauren Feiner
Mosseri moderated a ‘strained’ relationship with Instagram’s founders.

In an email thread from 2018, Mosseri checked in with Zuckerberg from paternity leave to try to communicate concerns the Instagram co-founders Kevin Systrom and Mike Krieger had with strategy changes for the app. Mosseri wrote that after catching up with Systrom, it was “hard for me to get a read on what’s going on as the relationship is strained.” He told Zuckerberg, “The core tension seems to be twofold: (1) you believe slowing down Instagram will help more than some others do, and (2) your tolerance for handicapping Instagram is expectedly higher than the Instagram team’s.”

Lauren Feiner
Lauren Feiner
‘Instagram will always need to focus on friends.’

Zuckerberg told Mosseri in a 2018 email that even as Instagram grows to include more public entertainment posts, it “can never exclusively be for public figures or it will cease to be a social product.” Meta has been arguing that the social media market has changed so much that entertainment is a key focus of social apps including Instagram and TikTok, but the email suggests that at least at the time, Meta’s CEO felt that connecting with friends would always need to be remain a core use case.

Lauren Feiner
Lauren Feiner
The FTC plays Mosseri’s ‘Decoder’ interview.

The Verge’s Editor-in-Chief Nilay Patel gets a shoutout in court when the government plays a clip of Mosseri’s January 2021 podcast interview. In the clip, Mosseri talks about joining Instagram and making changes to the safety and integrity operations. Mosseri says on the stand that he indeed “vaguely remember[s] talking to Nilay.” Here’s part of the transcript from the clip they played in court:

When I joined Instagram, I wasn’t running it. I was the head of product. I had come from running News Feed at Facebook for a number of years. And I told everybody I was going to be a sponge, and I wasn’t going to push for any change for a couple months while I ramped up and tried to better understand Instagram, the product, the employee base, and the values.

But the one place where I almost immediately broke my promise was on safety and integrity. I was pretty interested in the details, having spent the last couple of years being responsible for fake news on Facebook and a bunch of other gnarly safety problems.

I found for the most part that [Instagram was] just running our own stuff, and our team was tiny. And so I made the team pivot and essentially [integrate] the technology and work with the engineers who worked on safety across the rest of the company. I actually lost a bunch of people because of that. Not because they disagreed that it was a better way to keep people safe on Instagram over the long run, but it just wasn’t why they signed up to be on the team. So it was pretty painful for six months on that front. And I lost some credibility with some of the people.

Lauren Feiner
Lauren Feiner
Threads was initially going to be inside the Instagram app.

But the team decided to make it a standalone app because they wanted to replicate how within Twitter, replies are as prominent as the original posts — something that’s not typically the case on Instagram. The group decided it would be too confusing to users to squeeze in this different model. “That was a very contentious decision internally,” Mosseri testifies.

Lauren Feiner
Lauren Feiner
People go to Twitter for news and celebrities.

That’s how Meta viewed the app when it was evaluating launching a competitor that would eventually be called Threads. The FTC is trying to use Meta’s internal evaluations of Twitter to show that it doesn’t see the primary reason for going to Twitter as connecting with friends and family — and therefore, it’s arguing, in a different market from the one it says Facebook and Instagram monopolize.

Lauren Feiner
Lauren Feiner
Connecting with friends is still an important part of using Instagram.

Mosseri says the app finds the most success in blending entertainment with interacting with friends. That could look like commenting on a public post about a sporting event and interacting with a friend in the comments, he says. That’s important since Meta noted in documents around 2018 that people were sharing less in their feeds, and public content was increasing. The FTC is trying to point out that even if posting to the apps has declined, there’s still friends and family interaction happening.

Lauren Feiner
Lauren Feiner
Instagram CEO Adam Mosseri takes the stand.

The FTC is beginning its questioning of the Meta executive by fleshing out what users want out of Instagram. The testimony will help shape how the judge thinks about the market Meta competes in: a limited market in social media networking to keep up with friends and family, or a broader market including entertainment that encompasses apps like TikTok and YouTube.

Lauren Feiner
Lauren Feiner
Instagram chief Adam Mosseri is testifying tomorrow.

Schultz began testifying about how Meta tracked the rise of mobile messaging apps. Mosseri is expected to take the stand tomorrow and we’ll go live again then.

Lauren Feiner
Lauren Feiner
Meta’s chief marketing officer takes the stand.

Alex Schultz, who’s worked at Meta for years in growth and analytics, is now testifying. He clarifies during the FTC’s introductory questions that while there are multiple VPs of analytics, he is “the” VP of analytics. While I was across the courthouse covering Apple executive Eddy Cue’s testimony in the Google remedies case, WhatsApp chief Will Cathcart was testifying earlier today, followed by an FTC expert who surveyed users about their main motivations for using various social media apps.