FTC Chairwoman Lina Khan testifies during a budget hearing of the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce, April 18, 2023.
Tom Williams | Cq-roll Call, Inc. | Getty Images
One day after filing a massive antitrust lawsuit against Amazon, Federal Trade Commission Chair Lina Khan defended the agency’s decision to pursue the company and explained how its use of monopoly power allowed it to leverage an effective 50% tax on sellers.
In an interview on CNBC’s “Squawk Box” Wednesday, Khan said the lawsuit is “fundamentally about protecting free and fair competition” and denied suggestions that the FTC is interested in punishing large companies for their success.
The lawsuit marks a major milestone for Khan’s FTC and has been long-anticipated, given Khan’s own rise to prominence came from her 2017 Yale Law Journal note “Amazon’s Antitrust Paradox.” That article detailed Khan’s view of how the prevailing approach to antitrust enforcement at the time failed to account for the vast scale and network effects present in digital markets.
Khan pointed to scale on Wednesday as a way Amazon leverages its power to dampen competition.
“Given just the economies of scale and the network externalities, you need to have a critical mass of either shoppers or sellers in order to really benefit from the acceleration and momentum that digital markets can provide,” Khan told CNBC’s Andrew Ross Sorkin. “And what Amazon’s tactics had been about is — once it itself achieved that scale — it’s been focused on tactics that deprive rivals of the ability to gain that similar critical mass of customers.”
Khan added that any remedies should take into account the aggregated harms that resulted from that scale in order to “fully restore competition.” The FTC has yet to lay out in detail the remedies it would seek because it’s focused on establishing liability, typically the first stage in a monopoly case.
Khan also explained the FTC’s decision to define the market Amazon has monopolized as the online superstore.
“The idea of a superstore has actually been well established in the brick and mortar world,” Khan said. “We’ve had a whole set of antitrust cases that have succeeded when defining a market as the superstore market.”
This complaint applies that idea to the online world, Khan said, adding that there are functions that only an online superstore can serve through the “depth and breadth” of offerings.
In the FTC’s complaint, it says online superstores are distinct from online or physical retail competitors, in that they offer an unmatched variety and selection of products that are accessible on demand and around the clock.
Amazon, however, has long argued that it competes with a wide range of retailers both online and offline. The company has downplayed its market size, saying it represents 4% of all U.S. retail sales.
Amazon dominates the U.S. e-commerce market, however. Research firm Insider Intelligence estimated last year the company captures almost 40% of Americans’ online spending.
The complaint also alleges that Amazon has monopolized the market of selling services to online merchants. It said “network effects” between Amazon’s online superstore and marketplace services allow it to further entrench its dominance, in that the more sellers that the company signs up, the more targeted and relevant data it can serve them — and as more merchants begin selling on the marketplace, Amazon can attract more shoppers.
Opendoor shares popped about 10% on Friday after CEO Carrie Wheeler said she’s resigning from the online real estate company, which has seen a surge in recent interest from retail investors.
Pressure began building on Wheeler, who took over the top job in 2022, after the company’s quarterly earnings report earlier this month failed to reassure investors that a turnaround is underway. The stock is up more than sixfold since bottoming out at 51 cents in June, a price that put the company at risk of being delisted from the Nasdaq.
“The last weeks of intense outside interest in Opendoor have come at a time when the company needs to stay focused and charging ahead,” Wheeler wrote in a post on X. “I believe the best thing I can do for Opendoor now is to accelerate my succession plans that I shared with the Board mid-year and make room for new leadership to take the reins.”
Opendoor’s business involves using technology to buy and sell homes, pocketing the gains. In its latest earnings report, Opendoor said it expects to acquire just 1,200 homes in the third quarter, down from 1,757 in the second quarter and 3,504 in the third quarter of 2024. It’s also pulling down marketing spending.
Read more CNBC tech news
Hedge fund manager Eric Jackson, who spearheaded Opendoor’s stock jump in July, celebrated the news and told his new band of followers on X, “Let’s start THINKING BIG AGAIN.” Jackson said last month on X that his firm had taken a stake in the company and was betting it would be a “100-bagger over the next few years.”
Jackson has been a loud voice on X pushing for Wheeler’s departure, and was recently joined by Opendoor co-founder and venture capitalist Keith Rabois, who posted on Aug. 13 that “not a single founder nor executive” who guided the company to its IPO supports Wheeler as CEO.
Opendoor on Friday named technology chief Shrisha Radhakrishna as “president and interim leader” and said a CEO search is underway.
Opendoor went public through a special purpose acquisition company in 2020, riding a SPAC wave supported by low interest rates and Covid-era market euphoria. The soaring inflation and rising interest rates that followed hit all of technology stocks, but had an outsized impact on Opendoor due it its direct exposure to mortgage rates.
The company lost 99% of its value from early 2021 through its trough in June. With Friday’s gains, its market cap stands at about $2.5 billion.
The company forecasted adjusted earnings of $2.11 per this quarter, falling short of the $2.39 per share expected by LSEG. The company projected $6.7 billion in revenue, versus the $7.34 billion estimate.
During an earnings call with analysts, CEO Gary Dickerson said that the current macroeconomic backdrop and trade issues have fueled “increasing uncertainty and lower visibility,” primarily within its China business.
He also said the guidance does not account for pending export license applications and assumes a significant backlog.
Read more CNBC tech news
Applied Materials also cited weakness from leading edge customers and said China clients are easing spending after rapidly ramping up equipment manufacturing in the region.
Bank of America‘s Vivek Arya downgraded shares to a neutral rating and lowered his price target, citing ongoing China and leading-edge headwinds.
“The uncertainty could persist, making it tougher for the stock to outperform despite reasonable valuation,” he wrote. “We suspect the slowdown is more company specific.”
Despite the weak guidance, Applied Materials topped third-quarter earnings and revenue estimates, posting adjusted earnings of $2.48 per share on $7.3 billion in revenue. Net income reached $1.78 billion, or $2.22 a share, versus $1.71 billion, or $2.05 a share, a year ago.
A government intervention in struggling chipmaker Intel is “essential” for the sake of national security, analyst Gil Luria said Friday, following a report that the Trump administration is weighing taking a stake in the company.
“We’re all capitalists,” Luria, head of technology research at D.A. Davidson, said in an interview with CNBC’s “Squawk Box.” “We don’t want government to intervene and own private enterprise, but this is national security.”
Bloomberg reported Thursday that the Trump administration is considering having the U.S. government take a stake in Intel. The news sent Intel shares higher, and the stock climbed again Friday.
Intel previously declined to comment on the report.
Luria said such a deal is needed to revive Intel and reduce the country’s reliance on companies like Samsung and Taiwan Semiconductor to manufacture chips. President Donald Trump has called for more chips and high-end technology to be made in the U.S.
Read more CNBC tech news
How the White House could structure such an intervention is still in question. Bloomberg reported Friday that the administration has discussed using funds from the CHIPS Act.
Intel received $7.9 billion from the Department of Commerce through the CHIPS Act, and it was awarded roughly $3 billion under the CHIPS Act for the Pentagon’s Secure Enclave program.
“Intel has had many opportunities over decades to get it right, and it hasn’t. So we need to intervene,” Luria said. “The government’s going to come in and it’s going to give Intel unfair advantages, and if it’s going to do that, it wants a piece of the business.”
Intel CEO Lip-Bu Tan met with Trump at the White House on Monday after the president called for his resignation based on allegations that he has ties to China.
Luria pointed to OpenAI CEO Sam Altman and Meta CEO Mark Zuckerberg’s comments that the rise of superintelligent AI could be “the next wave of nuclear proliferation,” as evidence that direct intervention by the government is needed.
“We can’t rely on somebody else making shell casings for our nuclear arsenal,” Luria said. “We have to get it right.”