Facebook Faces New Antitrust Lawsuit

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The suit, filed by the present defunct photograph start-up Phhhoto, accused the societal web of stalling connected a woody and past putting it retired of business.

Mark Zuckerberg, the main  enforcement  of Facebook.
Credit...Pete Marovich for The New York Times

Sheera FrenkelDaisuke Wakabayashi

Nov. 4, 2021, 7:09 p.m. ET

SAN FRANCISCO — Mark Zuckerberg, Facebook’s main executive, downloaded a fashionable caller app, Phhhoto, connected Aug. 8, 2014, and took a selfie. Other Facebook executives and merchandise managers soon followed suit. The societal web past made overtures to integrate Phhhoto.

But the involvement of Facebook’s apical executives successful Phhhoto was conscionable a show, according to a suit filed connected Thursday successful the Eastern District of New York by the start-up, which is present defunct. Instead, Facebook simply wanted to squash the competition, according to the suit, which accused the institution of antitrust violations.

In the suit, Phhhoto’s founders — Champ Bennett, Omar Elsayed and Russell Armand — assertion that aft Mr. Zuckerberg and different Facebook executives downloaded their app and approached them astir a partnership, nary woody materialized. Facebook alternatively launched a competing merchandise that mirrored Phhhoto’s features. Facebook besides suppressed Phhhoto’s contented wrong its photo-sharing app, Instagram, the suit says.

Phhhoto is represented by Gary L. Reback, a well-known lawyer. In the 1990s, Mr. Reback persuaded the Justice Department to writer Microsoft for violating antitrust laws, a lawsuit that Microsoft yet settled successful 2001. Phhhoto’s suit seeks unspecified monetary damages from Facebook.

The suit stands retired due to the fact that of Mr. Zuckerberg’s idiosyncratic involvement, Mr. Reback said successful an interview. He called Mr. Zuckerberg “the monopolist’s C.E.O.” and said the Facebook laminitis had engaged successful “anticompetitive behaviour to an grade not seen since Bill Gates,” 1 of the founders of Microsoft.


Credit...Elizabeth D. Herman for The New York Times

Facebook did not instantly reply to a petition for comment.

The suit is the astir caller antitrust situation to the world’s largest tech companies. Facebook, Google and Apple each person faced suits from rivals implicit the years, accusing them of copying their exertion oregon buying them to squash them.

The suit besides adds to the woes for Facebook, which was past week renamed Meta. The Federal Trade Commission has sued the company, accusing it of violating antitrust laws by holding a monopoly connected societal networking done its acquisitions of Instagram and the messaging app WhatsApp. The societal web besides has been nether aggravated nationalist scrutiny aft Frances Haugen, a erstwhile employee, leaked thousands of interior documents detailing however the company’s platforms person been utilized to dispersed misinformation, hate speech and conspiracies.

Even so, Michael Carrier, a prof astatine Rutgers University’s instrumentality school, said the standards for antitrust litigation stay high.

“It’s hard to amusement monopolization,” helium said. “The tumult crossed the governmental scenery isn’t needfully going to beryllium reflected successful however the courts rule.”


Phhhoto was founded successful 2012 and the app was launched successful 2014. People utilized it to edit photos and nexus images unneurotic into looping videos. It became buzzy and was promoted by celebrities specified arsenic Beyoncé, Miley Cyrus and Katy Perry.

After Mr. Zuckerberg downloaded the app successful 2014, Kevin Systrom, a laminitis of Instagram, and elder managers astatine Facebook and Instagram besides did so, according to the suit.

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In February 2015, Bryan Hurren, past Facebook’s strategical partnerships manager, reached retired to Phhhoto’s founders to sermon a “platform integration opportunity,” according to the suit. Mr. Hurren offered to integrate Phhhoto into Facebook’s News Feed, the suit says, which was premier existent property connected the world’s largest societal platform.

But “Facebook strung Phhhoto on for months without making meaningful advancement connected the expected integration,” the suit says. Mr. Hurren told Phhhoto that Facebook was “hung up connected immoderate ineligible conversations,” the suit says.

On March 31, 2015, Instagram changed its settings truthful that Phhhoto users couldn’t find their Instagram friends. When Phhhoto reached retired to Facebook astir the issue, Mr. Hurren told them “that Instagram was seemingly upset that Phhhoto was increasing successful users done its narration with Instagram,” according to the suit.

Phhhoto’s founders decided to determination guardant with an Android mentation of their app, which had lone been disposable connected iPhones. But connected Oct. 22, 2015, conscionable hours earlier Phhhoto was acceptable to motorboat its Android app, Instagram unveiled a merchandise that was a “slavish clone” of Phhhoto, according to the suit.

Instagram introduced different changes successful March 2016 that reduced the visibility of Phhhoto’s content, the suit says. Phhhoto’s founders discovered the alteration erstwhile 1 of them posted 2 videos to Instagram, 1 done his Phhhoto-linked relationship and the different done a caller Instagram relationship helium had opened. While the 2nd relationship had a fraction of the followers, the video was viewed and liked much than the identical video posted to the Phhhoto-linked account, according to the suit.

Phhhoto unopen down successful June 2017, “lacking concern oregon immoderate different means to stay viable,” according to the suit.

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