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U.S. House Impeachment manager David Cicilline (D-RI) speaks on the second day of former President Donald Trump’s second impeachment trial at the U.S. Capitol on February 10, 2021 in Washington, DC.
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A group of House Democrats is circulating discussion drafts of antitrust bills that would force the biggest tech companies to change parts of their business models and curtail large acquisitions, according to copies obtained by CNBC.

While the drafts could still change significantly prior to their introduction, as currently written, they could require business model overhauls for Apple and Amazon by limiting their ability to operate marketplaces for products and apps while selling their own goods and apps on those same stores.

The bills would also make it harder for those companies plus Facebook and Alphabet (Google’s parent company) to complete large mergers, and would force them to make it easier for users to leave their platforms with their data intact. CNBC couldn’t immediately learn when the drafts will be introduced.

The draft bills come after a 16-month investigation by the House Judiciary subcommittee on antitrust into the four companies, which culminated in a nearly 450-page report from Democratic staff last fall. While Republicans on the subcommittee diverged from some of the Democrats’ more extreme proposals, several agreed with the main findings of monopoly power and anticompetitive behavior in the Democratic report and on the need to rein in Big Tech’s power with antitrust reform.

The drafts don’t indicate whether any Republicans are supporting the bills.

What the draft bills say

Specifically, the five discussion drafts would prevent platforms from owning businesses that present a conflict of interest, bar large platforms from favoring their own products over those of competitors that rely on their sites, make it harder for large platforms to complete mergers, raise filing fees for acquisitions and mandate ways for users to transfer their data between platforms.

One of the bills, sponsored by Rep Joe Neguse, D-Colo., appears to be companion legislation to the bipartisan Merger Filing Fee Modernization Act in the Senate, which passed in that chamber on Tuesday as part of a larger $250 billion tech and manufacturing bill. That bill would raise the fees companies pay to notify the Federal Trade Commission and Department of Justice Antitrust Division of large mergers with the goal of raising money for those agencies.

The other four drafts obtained by CNBC include:

  • Ending Platform Monopolies Act: Sponsored by Rep. Pramila Jayapal, D-Wash., the vice chair of the subcommittee, this bill would make it unlawful for a platform with at least 500,000 monthly active U.S. users and a market cap over $600 billion to own or operate a business that presents a clear conflict of interest. The draft defines an unlawful conflict as one that incentivizes a business to favor its own services over those of a competitors’ or disadvantage potential competitors that use the platform. Lawmakers have previously expressed concern that both Amazon and Apple, which run their own platforms for sellers and developers, respectively, could undermine competition due to a conflict of interest for their own competing products or apps.
  • Platform Competition and Opportunity Act: This proposal from Rep. Hakeem Jeffries, D-N.Y., would shift the burden of proof in merger cases to dominant platforms (defined with the same criteria as the previous bill) to prove that their acquisitions are in fact lawful, rather than the government having to prove they will lessen competition. The measure would likely substantially slow down acquisitions by dominant tech firms.
  • Platform Anti-Monopoly Act: This bill, proposed by Subcommittee Chairman David Cicilline, D-R.I., would prohibit dominant platforms from giving their own products and services advantages over those of competitors on the platform. It would also prohibit other types of discriminatory behavior by dominant platforms, like cutting off a competitor that uses the platform from services offered by the platform itself, and ban dominant platforms from using data collected on their services that isn’t public to others to fuel their own competing products, among several other prohibitions.
  • Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act: This proposed bill from Rep. Mary Gay Scanlon, D-Pa., would mandate dominant platforms maintain certain standards of data portability and interoperability, making it easier for consumers to take their data with them to other platforms.

Representatives for those lawmakers did not respond or did not provide comment on the discussion drafts.

Axios first reported on the drafts.

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Amazon sued by DC attorney general for allegedly excluding neighborhoods from Prime delivery

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Amazon sued by DC attorney general for allegedly excluding neighborhoods from Prime delivery

Washington, D.C.’s attorney general sued Amazon on Wednesday, accusing the company of covertly depriving residents in certain ZIP codes in the nation’s capital from access to Prime’s high-speed delivery.

The lawsuit from AG Brian Schwalb alleges that, since 2022, Amazon has “secretly excluded” two “historically underserved” D.C. ZIP codes from its expedited delivery service while charging Prime members living there the full subscription price. Amazon’s Prime membership program costs $139 a year and includes perks like two-day shipping and access to streaming content.

“Amazon is charging tens of thousands of hard-working Ward 7 and 8 residents for an expedited delivery service it promises but does not provide,” Schwalb said in a statement. “While Amazon has every right to make operational changes, it cannot covertly decide that a dollar in one zip code is worth less than a dollar in another.”

Amazon spokesperson Steve Kelly said in a statement it’s “categorically false” that its business practices are “discriminatory or deceptive.”

“We want to be able to deliver as fast as we possibly can to every zip code across the country, however, at the same time we must put the safety of delivery drivers first,” Kelly said in a statement. “In the zip codes in question, there have been specific and targeted acts against drivers delivering Amazon packages. We made the deliberate choice to adjust our operations, including delivery routes and times, for the sole reason of protecting the safety of drivers.”

Kelly said Amazon has offered to work with the AG’s office on efforts “to reduce crime and improve safety in these areas.”

In June 2022, Amazon allegedly stopped using its own delivery trucks to shuttle packages in the ZIP codes 20019 and 20020 based on concerns over driver safety, the suit states. In place of its in-house delivery network, the company relied on outside carriers like UPS and the U.S. Postal Service to make deliveries, according to the complaint, which was filed in D.C. Superior Court.

The decision caused residents in those ZIP codes to experience “significantly longer delivery times than their neighbors in other District ZIP codes, despite paying the exact same membership price for Prime,” the lawsuit says.

Data from the AG shows that before Amazon instituted the change, more than 72% of Prime packages in the two ZIP codes were delivered within two days of checkout. That number dropped to as low as 24% following the move, while two-day delivery rates across the district increased to 74%.

Amazon has faced prior complaints of disparities in its Prime program. In 2016, the company said it would expand access to same-day delivery in cities including Atlanta, Chicago, Dallas and Washington, after a Bloomberg investigation found Black residents were “about half as likely” to be eligible for same-day delivery as white residents.

The ZIP codes in Schwalb’s complaint are in areas with large Black populations, according to 2022 Census data based on its American Community Survey.

The Federal Trade Commission also sued Amazon in June 2023, accusing the company of tricking consumers into signing up for Prime and “sabotaging” their attempts to cancel by employing so-called dark patterns, or deceptive design tactics meant to steer users toward a specific choice. Amazon said the complaint was “false on the facts and the law.” The case is set to go to trial in June 2025.

According to Scwalb’s complaint, Amazon never communicated the delivery exclusion to Prime members in the area. When consumers in the affected ZIP codes complained to Amazon about slower delivery speeds, the company said it was due to circumstances outside its control, the suit says.

The lawsuit accuses Amazon of violating the district’s consumer protection laws. It also asks the court to “put an end to Amazon’s deceptive conduct,” as well as for damages and penalties.

To get packages to customers’ doorsteps, Amazon uses a combination of its own contracted delivery companies, usually distinguishable by Amazon-branded cargo vans, as well as carriers like USPS, UPS and FedEx, and a network of gig workers who make deliveries from their own vehicles as part of its Flex program.

Amazon has rapidly expanded its in-house logistics army in recent years as it looks to speed up deliveries from two days to one day or even a few hours. In July, the company said it recorded its “fastest Prime delivery speeds ever” in the first half of the year, delivering more than 5 billion items within a day.

In relying on its own workforce, Amazon has assumed greater control over its delivery operations.

In his complaint, Schwalb cites an internal company policy that says Amazon may choose to exclude certain areas from being served by its in-house delivery network if a driver experiences “violence, intimidation or harassment.” The company relies on UPS or USPS to deliver packages in excluded areas.

WATCH: Amazon bets on consumers shopping while tuning into Black Friday game

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Spotify Wrapped is out. Here’s who topped the 2024 streaming charts

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Spotify Wrapped is out. Here's who topped the 2024 streaming charts

This photograph taken in Paris on April 19, 2024, shows a smatphone displaying the US singer-songwriter Taylor Swift’s new album “The Tortured Poets Department” on Spotify. Queen of pop Taylor Swift released her highly anticipated record “The Tortured Poets Department” on April 19, 2024 — the 11th studio album from the megastar who is already having a blockbuster year. 

– | Afp | Getty Images

Spotify Wrapped 2024 is out, giving hundreds of millions of users the ability to see their most-played songs and artists over the course of the year.

The annual report, which allows users to compare their music listening habits with other fans around the world, on Wednesday began rolling out to all users on the streaming platform.

This year, Spotify added additional artificial intelligence features to enhance individual users’ Wrapped experiences, including personalized AI podcasts about users’ music listening histories, a feature powered by Google’s NotebookLM and stemming from an expanded partnership between the two companies.

Last month, Spotify reported earnings that included optimistic profit guidance for the fourth quarter, despite missing analysts’ third-quarter targets for both revenue and earnings per share. The company also said it had about 640 million monthly active users on the platform, which slightly surpassed analyst expectations.

Taylor Swift is Spotify’s Global Top Artist for the second year in a row, dominating the most-streamed global albums chart with “The Tortured Poets Department: The Anthology,” and Sabrina Carpenter’s hit song “Espresso” is the most-streamed song both globally and nationally.

Here are some of this year’s chart-toppers:

Most-streamed songs in the United States

  1. “Espresso” by Sabrina Carpenter
  2. “Not Like Us” by Kendrick Lamar
  3. “A Bar Song (Tipsy)” by Shaboozey
  4. “I Had Some Help (Feat. Morgan Wallen)” by Post Malone
  5. “MILLION DOLLAR BABY” by Tommy Richman

Kendrick Lamar’s “Not Like Us” skyrocketed to second-most-streamed song in the country this year. Drake, Lamar’s opponent in a renewed public rap battle earlier this spring, surged on the most-streamed artists’ list, while Lamar ended up in seventh place on that list.

Most-streamed artists in the United States

  1. Taylor Swift
  2. Drake
  3. Zach Bryan
  4. Morgan Wallen
  5. Kanye West

“The Joe Rogan Experience,” which hosted President-elect Donald Trump in October, took the No. 1 spot for top podcasts worldwide. “Call Her Daddy,” which hosted Vice President Kamala Harris that same month, took second place.

Both appearances represented a distinct shift in presidential campaigning strategies toward non-legacy-media outlets, reaching millions of weekly listeners.

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Okta shares pop 18% on earnings beat, strong guidance

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Okta shares pop 18% on earnings beat, strong guidance

File photo of Todd McKinnon, chief executive officer of Okta Inc.

Bloomberg | Bloomberg | Getty Images

Shares of Okta popped more than 18% in extended trading Tuesday after the identity management company released third-quarter results that beat analysts’ estimates and offered rosy guidance.

Here’s how the company did:

  • Earnings per share: 67 cents adjusted vs. 58 cents expected by LSEG
  • Revenue: $665 million vs. $650 million expected by LSEG

Okta helps companies manage employees’ access to applications or devices with features such as single sign-on and multifactor authentication. The company swung to profitability, reporting net income of $16 million, or 9 cents per share, during the quarter, compared with a net loss of $81 million, or 49 cents per share, in the same period last year.

Revenue increased 14% from $569 million a year ago, according to a release. The company reported $651 million in subscription revenue for the quarter, beating the $635 million average analyst estimate, according to Street Account.

“Our solid Q3 results were underpinned by continued strong profitability and cash flow,” Okta CEO Todd McKinnon said in a statement. “The focused investments we’ve made in our partner ecosystem, the public sector vertical, and large customers are materializing in our business with each of these areas contributing meaningfully to top-line growth.”

For the fourth quarter, Okta said it expects to report revenue between $667 million and $669 million, topping the $651 million average estimate, according to LSEG. The company expects to report earnings of 73 cents to 74 cents per share for the period, which also exceeded estimates.

Prior to the close, Okta shares were down 10% for the year, while the Nasdaq is up 30% over that stretch.

Okta will host its quarterly call with investors at 5 p.m. ET. 

WATCH: CNBC’s full interview with Okta CEO Todd McKinnon

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