Lina Khan, chair of the U.S. Federal Trade Commission, and Jonathan Kanter, assistant attorney general for the Justice Department’s antitrust division, participate in a discussion on antitrust reforms at the Brookings Institution in Washington on Oct. 4, 2023. Khan assumed the role of FTC chair in June 2021 after being appointed by U.S. President Joe Biden and confirmed by the Senate.
Drew Angerer | Getty Images
Google had been in talks to acquire marketing software maker HubSpot earlier this year, but no deal took place. The company then made a run at cybersecurity startup Wiz. But that didn’t happen either.
Google took a different tactic in closing its one notable transaction of late. Following a model pursued by Amazon and Microsoft to lure experts in artificial intelligence, Google announced last month it was hiring the founders of generative AI startup Character.AI. Rather than buying Character outright and shutting it down — the standard acquihire playbook — Google kept the startup alive and entered into a licensing deal for its technology.
This is the new world of tech M&A. Under the Biden administration, and more specifically Federal Trade Commission head Lina Khan, the biggest companies have been thwarted from pursuing large deals. In some cases, they’ve even walked away from smaller deals. Amazon abandoned its $1.7 billion purchase of iRobot in January after the FTC and European regulators raised concerns.
Since peaking at $1.5 trillion in 2021, tech transaction volume has plummeted, dropping to $544 billion last year, according to Dealogic. So far in 2024, that number sits at $465 billion.
Within tech, private equity buyers are the ones keeping the market afloat. In July, BlackRock agreed to buy data provider Preqin for $3.2 billion, two months after Permira announced it was buying website-building platform Squarespace in a deal valued at almost $7 billion. Thoma Bravo, a leading tech buyout firm, said in July it was selling Instructure to KKR for $4.8 billion.
Don’t expect much to change for the rest of this year. With the presidential election coming in November, the regulatory environment could be poised for a shake-up, potentially leading to the removal of deal-making barriers.
However, neither party offers much clarity for what the future would bring. Sen. JD Vance, Donald Trump’s running mate on the Republican ticket, has praised Khan’s stricter rules on mergers, and he told CNBC last week that “there should be an antitrust solution” to some of the behaviors of large tech platforms.
“If Trump wins, I think that the regulatory environment will still be fairly challenging, and under a challenging regulatory environment, that just limits big deals,” said Andrew Luh, a partner at law firm Gunderson Dettmer who represents startups in mergers and acquisitions.
The Biden administration’s crackdown on Big Tech has gone well beyond squashing M&A.
Alphabet is in the midst of its second antitrust trial, following charges from the Justice Department that the company acted as a monopoly in search and advertising. The DOJ suedApple on antitrust grounds in March. The FTC has cases pending against Meta and Amazon.
Couple that with a similarly rigid environment in Europe, and no deal appears safe. In December, Adobe walked away from its $20 billion agreement to purchase design software startup Figma, and paid a $1 billion breakup fee. In a statement, the companies said, “there is no clear path to receive necessary regulatory approvals from the European Commission and the UK Competition and Markets Authority.”
In July, Figma said it had completed a tender offer valuing the design software startup at $12.5 billion. Figma is viewed as a strong IPO candidate when that market eventually reopens. But alongside a plummeting M&A market, initial public offerings are also in an extended drought as companies continue to adapt to drastically reduced valuations wrought by the economic slowdown starting in 2022.
A Figma spokesperson declined to comment on the company’s plans.
Dana Rao, who at the time was Adobe’s general counsel, announced his departure earlier this month after 12 years at the company. Rao said in a December interview that Adobe leadership felt justified in pursuing Figma after the failure of its competing product design program. But regulators were taking a different view.
“We’ve had a lot of interaction with the regulators, and they’ve been very focused on the newer doctrines of antitrust law that say that future competition is a critical part of the antitrust analysis,” he said.
Jonathan Kanter, head of the Justice Department’s Antitrust Division, said in a statement after Adobe backed down that the move “ensures that designers, creators, and consumers continue to get the benefit of the rivalry between the two companies going forward.”
‘Very, very disciplined’
There are still deals taking place, outside the watchful eye of regulators.
In those cases, management was less concerned about regulators and much more focused on how shareholders would respond due to the growing obsession with profitability, following the 2022 downturn.
US company Hewlett Packard Enterprise President and Chief Officer Executive Antonio Neri gives a conference at the Mobile World Congress (MWC), the telecom industry’s biggest annual gathering, in Barcelona on February 27, 2024.
Pau Barrena | AFP | Getty Images
HPE CEO Antonio Neri told CNBC that Juniper would add to non-GAAP earnings in year one.
“We have been very, very disciplined on returning invested capital, meaning every dollar spent has to deliver value to our shareholders,” Neri said in an interview. “And that’s why, in the case of Juniper, for example, we committed to a series of synergies that then more than pay for the cost of capital to make this acquisition.”
Neri told analysts in January that the two companies do business in some of the same markets, but in different verticals, and said that he didn’t anticipate protracted battles with regulators. In August, the U.K.’s Competition and Markets Authority approved the tie-up.
Sergio Letelier, HPE’s head of corporate development, said that when he and his team members advise Neri on a potential deal, they always discuss how regulators might treat it. While some transactions are taking longer to close than they would have previously, “the fundamentals of what is a problematic deal vs. what is not a problematic deal hasn’t changed,” Letelier said.
At Salesforce, CEO Marc Benioff said that Own should bolster free cash flow in the second year after the deal closed. It’s Benioff’s first billion-dollar-plus acquisition since 2021, when the cloud software vendor paid $27 billion for Slack, its largest purchase ever. The DOJ’s Antitrust Division asked for additional information on that deal before clearing it.
In an interview last week, Benioff called U.S. regulators “somewhat dysfunctional” but applauded Europe for recognizing where competition really is being harmed. He specifically pointed to a recent finding by the European Commission, the executive body of the European Union, that Microsoft had breached antitrust rules by tying Teams, its Slack competitor, to its core Office productivity applications.
“They’re the ones who are actually functional and who are doing serious work,” Benioff said, referring to the EU and U.K. “I think that it’s a big story that we’re following the Europeans in this regulatory environment.”
Since the Slack purchase, Salesforce has pursued only smaller deals, particularly after facing off with activist investors who pressured the company to put a renewed focus on profitability. Salesforce landed AI talent from buying Airkit and a Sales Cloud software add-on from Spiff.
“We’ve done more than 60 acquisitions,” Benioff said. “We’ve tried and failed a lot in M&A, but we have also succeeded in quite a few of them, especially the big ones.” Before Slack, Salesforce acquired Tableau Software and MuleSoft.
Hard to be confident
At Cisco, one of the first questions executives ask when evaluating a potential deal is how certain they are it will close, said Derek Idemoto, the networking hardware company’s head of corporate development.
“The question is, How much risk are you willing to take on the regulatory side, given how hard things are at this time and how litigious things could be,” said Idemoto, who’s worked on more than 100 deals in his nearly 17 years at the company.
Idemoto said that’s made Cisco more selective these days. Before the company announced its $27 billion purchase of data analytics software company Splunk last September, he said he viewed the risk as absolutely worth taking. Splunk sat comfortably outside Cisco’s core of networking equipment.
“Certainly it’s an offensive play for us,” Idemoto said.
The deal sailed through, even closing in March, six months ahead of schedule.
“Having a high confidence level when you sign something — that’s the Cisco way,” Idemoto said.
That level of confidence would be difficult for the megacap companies as long as the FTC and DOJ are aggressively watching them. Alphabet’s last big deal was its $5.4 billion purchase of cybersecurity company Mandiant in 2022. Microsoft closed its massive $75 billion purchase of Activision in October, but it took 20 months and a protracted fight with U.S. and European regulators. Amazon hasn’t had a billion-dollar-plus deal since closing the $3.9 billion acquisition of One Medical in early 2023.
Last month, Amazon announced it was hiring a quarter of staffers from Covariant, which builds AI models for robots. It was the company’s second AI deal in the acquihire vein, following a similar agreement with Adept in June. Even that deal attracted an informal FTC inquiry.
Amazon didn’t provide a specific comment for this story, but said acquisitions are still part of its growth strategy and “are a critical and healthy part of an innovation economy.” Microsoft and Google declined to comment.
HPE’s Letelier said that any tech company considering its acquisition strategy will have a difficult time forecasting for the future because it’s not clear what changes Vice President Harris might make if she wins in November or what Trump would do if he returns to the White House.
Trump as president blocked some deals on national security grounds, following recommendations from the Committee on Foreign Investment in the United States. Regulators under President Joe Biden, meanwhile, have filed a record number of merger enforcement actions, Bloomberg reported.
“We’re at a crossroads here, and we don’t know which side of the fork the policy is going to go,” Letelier said.
SpaceX is valued at around $400 billion and is critical for U.S. space access, but it wasn’t always the powerhouse that it is today.
Elon Musk founded SpaceX in 2002. Using money that he made from the sale of PayPal, Musk and his new company developed their first rocket, the Falcon 1, to challenge existing launch providers.
“There were actually a lot of startup aerospace companies looking to take on this market. They recognized we had a monopoly provider called United Launch Alliance. They had merged the Boeing and Lockheed rocket launch capacity to one company, and they were charging the government hundreds of millions of dollars to launch satellites,” said Lori Garver, a former deputy administrator at NASA.
In 2003, Musk paraded Falcon 1 around the streets of Washington hoping to attract the attention of government agencies and the multi-million dollar contracts that they offered. It worked, and in 2004, SpaceX secured a few million dollars from the Defense Advanced Research Projects Agency, or DARPA, and the U.S. Air Force to further develop its rockets.
Despite the government support, the company struggled. Its first three launches of the Falcon 1 failed to reach orbit.
“NASA, and specifically the the initial commercial cargo contract, is what saved the company when it was on the brink of bankruptcy,” said Chris Quilty, president and Co-CEO of Quilty Space, a space-focused research firm.
NASA awarded the $1.6 billion contract, known as Commercial Resupply Services to SpaceX in 2008, just months after the first successful flight of the Falcon 1. The contract called on SpaceX to use its new rocket, the Falcon 9, along with its Dragon capsule to ferry cargo and supplies to the International Space Station over the course of 12 missions. In 2014, SpaceX won another NASA contract worth $2.6 billion to develop and operate vehicles to ferry astronauts to and from the International Space Station.
Today, SpaceX dominates large parts of the space market from launch to satellites. In 2024, SpaceX conducted a record-breaking 134 orbital launches, more than double the amount of launches done by the next most prolific launch provider, the China Aerospace Science and Technology Corporation, according to science and technology consulting firm BryceTech. These 134 launches accounted for 83% of all spacecraft launched last year. According to a July report by Bloomberg, SpaceX was valued at $400 billion.
SpaceX’s Dragon capsule and Falcon 9 rocket are the primary means by which NASA launches astronauts and supplies to the International Space Station. The company’s Starlink satellites have become indispensable for providing internet access to remote areas as well as to U.S. allies during wartime. The company’s Starship rocket, though still in testing, is also key to the U.S. plan to return to the moon. SpaceX is also building a network of spy satellites for the U.S. government called Starshield as part of a $1.8 billion contract. Even competitors including Amazon and OneWeb have launched their satellites on SpaceX rockets.
“The ecosystem of space is changed by, really it’s SpaceX,” Garver said. “The lower cost of access to space is doing what we had dreamed of. It is built up a whole community of companies around the world that now have access to space.”
Sanjay Beri, chief executive officer and founder of Netskope Inc., listens during a Bloomberg West television interview in San Francisco, California.
David Paul Morris | Bloomberg | Getty Images
Cloud security platform Netskope will go public on the Nasdaq under the ticker symbol “NTSK,” the company said in an initial public offering filing Friday.
The Santa Clara, California-based company said annual recurring revenue grew 33% to $707 million, while revenues jumped 31% to about $328 million in the first half of the year.
But Netskope isn’t profitable yet. The company recorded a $170 million net loss during the first half of the year. That narrowed from a $207 million loss a year ago.
Netskope joins an increasing number of technology companies adding momentum to the surge in IPO activity after high inflation and interest rates effectively killed the market.
So far this year, design software firm Figma more than tripled in its New York Stock Exchange debut, while crypto firm Circle soared 168% in its first trading day. CoreWeave has also popped since its IPO, while trading app eToro surged 29% in its May debut.
Read more CNBC tech news
Netskope’s offering also coincides with a busy period for cybersecurity deals.
Founded in 2012, Netskope made a name for itself in its early years in the cloud access security broker space. The company lists Palo Alto Networks, Cisco, Zscaler, Broadcom and Fortinet as its major competitors.
Netskope’s biggest backers include Accel, Lightspeed Ventures and Iconiq, which recently benefited from Figma’s stellar debut.
Morgan Stanley and JPMorgan are leading the offering. Netskope listed 13 other Wall Street banks as underwriters.
Meta CEO Mark Zuckerberg makes a keynote speech at the Meta Connect annual event at the company’s headquarters in Menlo Park, Calif., on Sept. 25, 2024.
Manuel Orbegozo | Reuters
Meta is planning to use its annual Connect conference next month to announce a deeper push into smart glasses, including the launch of the company’s first consumer-ready glasses with a display, CNBC has learned.
That’s one of the two new devices Meta is planning to unveil at the event, according to people familiar with the matter. The company will also launch its first wristband that will allow users to control the glasses with hand gestures, the people said.
Connect is a two-day conference for developers focused on virtual reality, AR and the metaverse. It was originally called Oculus Connect and obtained its current moniker after Facebook changed its parent company name to Meta in 2021.
The glasses are internally codenamed Hypernova and will include a small digital display in the right lens of the device, said the people, who asked not to be named because the details are confidential.
The device is expected to cost about $800 and will be sold in partnership with EssilorLuxottica, the people said. CNBC reported in October that Meta was working with Luxottica on consumer glasses with a display.
Meta declined to comment. Luxottica, which is based in France and Italy, didn’t respond to a request for comment.
Meta began selling smart glasses with Luxottica in 2021 when the two companies released the first-generation Ray-Ban Stories, which allowed users to take photos or videos using simple voice commands. The partnership has since expanded, and last year included the addition of advanced AI features that made the second generation of the product an unexpected hit with early adopters.
Luxottica owns a number of glasses brands, including Ray-Ban, and licenses many others like Prada. It’s unclear what brand Luxottica will use for the glasses with AR, but a Meta job listing posted this week said the company is looking for a technical program manager for its “Wearables organization,” which “is responsible for the Ray-Ban AR glasses and other wearable hardware.”
In June, CNBC reported that Meta and Luxottica plan to release Prada-branded smart glasses. Prada glasses are known for having thick frames and arms, which could make them a suitable option for the Hypernova device, one of the people said.
Last year, Meta CEO Mark Zuckerberg used Connect to showcase the company’s experimental Orion AR glasses.
The Orion features AR capabilities on both lenses, capable of blending 3D digital visuals into the physical world, but the device served only as a prototype to show the public what could be possible with AR glasses. Still, Orion built some positive momentum for Meta, which since late 2020 has endured nearly $70 billion in losses from its Reality Labs unit that’s in charge of building hardware devices.
With Hypernova, Meta will finally be offering glasses with a display to consumers, but the company is setting low expectations for sales, some of the sources said. That’s because the device requires more components than its voice-only predecessors, and will be slightly heavier and thicker, the people said.
Meta and Ray-Ban have sold 2 million pairs of their second-generation glasses since 2023, Luxottica CEO Francesco Milleri said in February. In July, Luxottica said that revenue from sales of the smart glasses had more than tripled year over year.
As part of an extension agreement between Meta and Luxottica announced in September, Meta obtained a stake of about 3% in the glasses company according to Bloomberg. Meta also gets exclusive rights to Luxottica’s brands for its smart glasses technology for a number of years, a person familiar with the matter told CNBC in June.
Although Hypernova will feature a display, those visual features are expected to be limited, people familiar with the matter said. They said the color display will offer about a 20 degree field of view — meaning it will appear in a small window in a fixed position — and will be used primarily to relay simple bits of information, such as incoming text messages.
Andrew Bosworth, Meta’s technology chief, said earlier this month that there are advantages to having just one display rather than two, including a lower price.
“Monocular displays have a lot going for them,” Bosworth said in an Instagram video. “They’re affordable, they’re lighter, and you don’t have disparity correction, so they’re structurally quite a bit easier.”
‘Interact with an AI assistant’
Other details of Meta’s forthcoming glasses were disclosed in a July letter from the U.S. Customs and Border Patrol to a lawyer representing Meta. While the letter redacted the name of the company and the product, a person with knowledge of the matter confirmed that it was in reference to Meta’s Hypernova glasses.
“This model will enable the user to take and share photos and videos, make phone calls and video calls, send and receive messages, listen to audio playback and interact with an AI assistant in different forms and methods, including voice, display, and manual interactions,” according to the letter, dated July 23.
The letter from CBP was part of routine communication between companies and the U.S. government when determining the country of origin for a consumer product. It refers to the product as “New Smart Glasses,” and says the device will feature “a lens display function that allows the user to interface with visual content arising from the Smart Features, and components providing image data retrieval, processing, and rendering capabilities.”
CBP didn’t provide a comment for this story.
The Hypernova glasses will also come paired with a wristband that will use technology built by Meta’s CTRL Labs, said people familiar with the matter. CTRL Labs, which Meta acquired in 2019, specializes in building neural technology that could allow users to control computing devices using gestures in their arms.
The wristband is expected to be a key input component for the company’s future release of full AR glasses, so getting data now with Hypernova could improve future versions of the wristband, the people said. Instead of using camerasensors to track body movements, as with Apple’s Vision Pro headset, Meta’s wristband uses so-called sEMG sensortechnology, which reads and interprets the electrical signals from hand movements.
One of the challenges Meta has faced with the wristband involves how people choose to wear it, a person familiar with the product’s development said. If the device is too loose, it won’t be able to read the user’s electrical signals as intended, which could impact its performance, the person said. Also, the wristband has run into issues in testing related to which arm it’s worn on, how it works on men versus women and how it functions on people who wear long sleeves.
The CTRL Labs team published a paper in Nature in July about its wristband, and Meta wrote about it in a blog post. In the paper, the Meta team detailed its use of machine learning technology to make the wristband work with as many people as possible. The additional data collected by the upcoming device should improve those capabilities for future Meta smart glasses.
“We successfully prototyped an sEMG wristband with Orion, our first pair of true augmented reality (AR) glasses, but that was just the beginning,” Meta wrote in the post. “Our teams have developed advanced machine learning models that are able to transform neural signals controlling muscles at the wrist into commands that drive people’s interactions with the glasses, eliminating the need for traditional—and more cumbersome—forms of input.”
Bloomberg reported the wristband component in January.
Meta has recently started reaching out to developers to begin testing both Hypernova and the accompanying wristband, people familiar with the matter said. The company wants to court third-party developers, particularly those who specialize in generative AI, to build experimental apps that Meta can showcase to drum up excitement for the smart glasses, the people said.
In addition to Hypernova and the wristband, Meta will also announce a third-generation of its voice-only smart glasses with Luxottica at Connect, one person said.
That device was also referenced by CBP in its July letter, referring to it as “The Next Generation Smart Glasses.” The glasses will include “components that provide capacitive touch functionality, allowing users to interact with the Smart Glasses through touch gestures,” the letter said.