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Facebook’s request to dismiss FTC’s antitrust lawsuit has been denied

A federal judge rules that the Federal Trade Commission’s revised complaint can move forward.

A federal judge on Tuesday rejected Facebook’s request to dismiss a revised antitrust complaint filed by the US Federal Trade Commission.

The amended lawsuit, which the FTC filed in August, accuses the tech company of unlawfully maintaining its dominance in social networking by acquiring or eliminating companies it sees as competitive threats. Facebook, which in October rebranded itself to Meta, owns popular photo service Instagram and messaging app WhatsApp.

The decision marks a legal setback for Facebook, although US District Judge James Boasberg also noted that the FTC «may face a tall task down the road in proving its allegations.» The judge also narrowed the scope of the case by not allowing the agency to move forward with accusations that Facebook’s interoperability policies for developers helped the social media giant maintain its dominance. Facebook got rid of those policies in 2018, he said.

Last year, Boasberg dismissed an antitrust complaint filed by the FTC in 2020, saying the agency hadn’t provided enough evidence that Facebook has monopoly power in personal social networking. What constitutes a social network is «hardly crystal clear,» the judge said, noting that Facebook’s services are free to consumers. The FTC then revised the lawsuit and included more data and evidence to support its allegations that Facebook is a monopolist that abused its market power to harm its rivals. Facebook’s purchase of Instagram and WhatsApp lead to poorer services with decreased privacy and data protection along with fewer consumer choices, the FTC alleged.

In a 48-page opinion filed Tuesday, Boasberg said the FTC had cleared the bar for the case to move forward, saying the agency has «now alleged enough facts» to establish that Facebook possesses monopoly power it’s held onto by snapping up its rivals.

In the amended complaint, the FTC cites data from Comscore that shows the number of monthly active users Facebook and Instagram have in the US and the amount of time they spend on the app daily. The FTC also defined personal social networking, noting that the services «enable and are used by people to maintain personal relationships and share experiences with friends, family, and other personal connections in a shared social space.» Twitter, Reddit, Pinterest, YouTube, Spotify, Netflix and Hulu are different from personal social networks for various reasons, the agency said.

Facebook questioned the accuracy of the data, but the judge said it would be «improper» to dismiss the revised complaint because it doesn’t include «perfect data (which may not exist)» about the amount of time Facebook and Instagram users spend interacting with friends and family as opposed to watching content such as music videos.

The court also rejected Facebook’s argument that FTC Chairwoman Lina Khan should have recused herself from participating in the commission’s vote to refile the lawsuit. The FTC filed its original complaint in December 2020, before Khan joined the commission in June.

«Although the Court recognizes the importance of her vote, it is an exaggeration to treat Kahn as the sole instigator of the current case,» Boasberg said in the opinion.

A spokesperson for Meta, formerly known as Facebook, said «the evidence will reveal the fundamental weakness of the claims»
made by the FTC. «Our investments in Instagram and WhatsApp transformed them into what they are today. They have been good for competition, and good for the people and businesses that choose to use our products,» the spokesperson said.

Holly Vedova, director of the FTC’s Bureau of Competition said the «FTC staff presented a strong amended complaint, and we look forward to trial.»

Technologies

Google races to put Gemini at the center of Android before Apple’s AI reboot

Google is using its latest Android rollout to position Gemini as the AI layer across phones, Chrome, laptops and cars.

Google is using its latest Android rollout to make Gemini less of a chatbot and more of an operating layer across the phone, browser, car and laptop, just weeks before Apple is expected to show its own Gemini-powered Apple Intelligence reboot at WWDC.
Ahead of its Google I/O developer conference next week, the company previewed a number of Android updates, including AI-powered app automation, a smarter version of Chrome on Android, new tools for creators, a redesigned Android Auto experience, and a sweeping set of new security features.
Alphabet is counting on Gemini to help Google compete directly with OpenAI and Anthropic in the market for artificial intelligence models and services, while also serving as the AI backbone across its expansive portfolio of products, including Android. Meanwhile, Gemini is powering part of Apple’s new AI strategy, giving Google a role in the iPhone maker’s reset even as it races to prove its own version of personal AI on the phone is further along.
Sameer Samat, who oversees Google’s Android ecosystem, told CNBC that Google is rebuilding parts of Android around Gemini Intelligence to help users complete everyday tasks more easily.
“We’re transitioning from an operating system to an intelligence system,” he said.
As part of Tuesday’s announcements. Google said Gemini Intelligence will be able to move across apps, understand what’s on the screen and complete tasks that would normally require a user to jump between multiple services. That means Android is moving beyond the traditional assistant model, where users ask a question and get an answer, and acting more like an agent.
For instance, Google says Gemini can pull relevant information from Gmail, build shopping carts and book reservations. Samat gave the example of asking Gemini to look at the guest list for a barbecue, build a menu, add ingredients to an Instacart list and return for approval before checkout.
A big concern surrounding agentic AI involves software taking action on a user’s behalf without permissions. Samat said Gemini will come back to the user before completing a transaction, adding, “the human is always in the loop.”
Four months after announcing its Gemini deal with Google, Apple is under pressure to show a more capable version of Apple Intelligence, which has been a relative laggard on the market. Apple has long framed privacy, hardware integration and control of the user experience as its advantages.
Google’s Android push is designed to show it can bring AI deeper into the device experience while still giving users control over what Gemini can see, where it can act and when it needs confirmation.
The app automation features will roll out in waves, starting with the latest Samsung Galaxy and Google Pixel phones this summer, before expanding across more Android devices, including watches, cars, glasses and laptops later this year.
The company is also redesigning Android Auto around Gemini, turning the car into another major surface for its assistant. Android Auto is in more than 250 million cars, and Google says the new release includes its biggest maps update in a decade and Gemini-powered help with tasks like ordering dinner while driving.
Alphabet’s AI strategy has been embraced by Wall Street, which has pushed the company’s stock price up more than 140% in the past year, compared to Apple’s roughly 40% gain. Investors now want to see how Gemini can become more central to the products people use every day.
WATCH: Alphabet briefly tops Nvidia after report of $200 billion Anthropic cloud deal

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Waymo recalls 3,800 robotaxis after glitch allowed some vehicles to ‘drive into standing water’

Waymo issued a voluntary recall of about 3,800 of its robotaxis to fix software issues that could allow them to drive into flooded roadways.

Waymo is recalling about 3,800 robotaxis in the U.S. to fix software issues that could allow them to “drive onto a flooded roadway,” according to a letter on the National Highway Traffic Safety Administration’s website.
The voluntary recall is for Waymo vehicles that use the company’s fifth and sixth generation automated driving systems (or ADS), the U.S. auto safety regulator said in the letter posted Tuesday.
Waymo autonomous vehicles in Austin, Texas, were seen on camera driving onto a flooded street and stalling, requiring other drivers to navigate around them. It’s the latest example of a safety-related issue for the Alphabet-owned AV unit that’s rapidly bolstering its fleet of vehicles and entering new U.S. markets.
Waymo has drawn criticism for its vehicles failing to yield to school buses in Austin, and for the performance of its vehicles during widespread power outages in San Francisco in December, when robotaxis halted in traffic, causing gridlock.
The company said in a statement on Tuesday that it’s “identified an area of improvement regarding untraversable flooded lanes specific to higher-speed roadways,” and opted to file a “voluntary software recall” with the NHTSA.
“Waymo provides over half a million trips every week in some of the most challenging driving environments across the U.S., and safety is our primary priority,” the company said.
Waymo added that it’s working on “additional software safeguards” and has put “mitigations” in place, limiting where its robotaxis operate during extreme weather, so that they avoid “areas where flash flooding might occur” in periods of intense rain.
WATCH: Waymo launches new autonomous system in Chinese-made vehicle

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Technologies

Qualcomm tumbles 13% as semiconductor stocks retreat from historic AI-fueled surge

Semiconductor equities reversed sharply after a broad AI-driven advance, with Qualcomm suffering its worst day since 2020 amid inflation concerns and rising oil prices.

Semiconductor stocks fell sharply on Tuesday, reversing course after an extensive rally that had expanded the artificial intelligence investment theme well past Nvidia and driven the industry to unprecedented levels.

Qualcomm plunged 13% and was on track for its steepest single-day decline since 2020. Intel shed 8%, while On Semiconductor and Skyworks Solutions each lost more than 6%. The iShares Semiconductor ETF, which benchmarks the overall sector, fell 5%.

The sell-off came after a key gauge of consumer prices came in above forecasts, and as conflict in Iran pushed crude oil higher—prompting investors to shift away from riskier assets.

The preceding advance had widened the AI opportunity set beyond longtime industry leader Nvidia, which for much of the past several years had largely carried the market to new peaks on its own.

Explosive appetite for central processing units, along with the graphics processing units that power large language models, has sent chipmakers to all-time highs.

Market participants are wagering that the shift from AI model training to autonomous agents will lift demand for additional AI hardware. Among the beneficiaries are memory chip producers, which are raising prices as supply remains tight.

Micron Technology slid 6%, and Sandisk cratered 8%. Sandisk’s stock has surged more than six times over since January.

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