This photo illustration created on January 7, 2025, in Washington, DC, shows an image of Mark Zuckerberg, CEO of Meta, and an image of the Meta logo.
Drew Angerer | Afp | Getty Images
Meta will face off against the U.S. Federal Trade Commission on Monday in a high-stakes antitrust trial that could result in the company divesting Instagram and WhatsApp.
The trial in Washington is expected to last weeks and centers around the FTC’s allegations that Meta monopolizes the personal social networking market. CEO Mark Zuckerberg, former COO Sheryl Sandberg, Instagram co-founder Kevin Systrom and other current and former Meta executives are expected to testify, along with top brass from rivals TikTok, Snap and Google’s YouTube, according to a legal filing.
The FTC claims Meta shouldn’t have been allowed to buy Instagram for $1 billion in 2012 and WhatsApp for $19 billion in 2014, and the agency is calling for those units to be sliced off from the Menlo Park, California, company.
“Acquiring these competitive threats has enabled Facebook to sustain its dominance—to the detriment of competition and users—not by competing on the merits, but by avoiding competition,” the FTC said in a legal filing.
Meta disagrees and filed a pretrial brief last week reiterating its arguments that it is not a monopoly and that acquiring Instagram and WhatsApp has not harmed competition.
The trial will test the boundaries of the U.S.’s antitrust laws pertaining to corporate acquisitions, said Prasad Krishnamurthy, a law professor at U.C. Berkeley Law. The FTC will have to prove that not only did Meta monopolize the social media market but that its acquisitions of Instagram and WhatsApp actively “harmed competition.”
“It’s a big case because it involves Meta, a social media giant, and it involves one of the most important kind of markets in the world, the social media market,” Krishnamurthy said. “It has big implications for something that consumers use as part of their daily life, Instagram and WhatsApp.”
Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at E. Barrett Prettyman Federal Courthouse in Washington, DC on March 16, 2023.
Carolyn Van Houten | The Washington Post | Getty Images
The lead up to the trial
The FTC filed its antitrust case against Meta in 2020, but judge James Boasberg of the U.S. District Court in Washington dismissed the case in 2021, saying the agency did not have enough evidence to prove “Facebook holds market power.”
Despite the dismissal, the FTC in August 2021 filed an amended complaint with more details about the company’s user numbers and metrics relative to competitors like Snapchat, the now-defunct Google+ social network and Myspace. After reviewing the amendments, Boasberg in 2022 ruled that the case could proceed, saying the FTC had presented more details than before.
“Although the agency may well face a tall task down the road in proving its allegations, the Court believes that it has now cleared the pleading bar and may proceed to discovery,” Boasberg wrote.
Meta motioned to end the case last April, but Boasberg denied it, ruling in November that the company must face trial. In a small victory for Meta, however, Boasberg did dismiss the FTC’s allegation that Facebook restricted third-party app developers’ access to its platform to maintain market dominance.
The company is expected to push back on the rest of the FTC’s allegations at trial on Monday. In a recent pre-trial brief, Meta’s lawyers wrote that the FTC fails to acknowledge that the company competes with numerous rivals, including TikTok, YouTube and Apple’s iMessage.
But the FTC’s core argument is that the company has monopolized the specific market of personal social networking, saying there are no major alternatives to Meta’s apps like Facebook and Instagram, which are used by people to stay up to date and communicate with friends and family in an online, shared-social space.
This disputed notion of the market that Meta operates and competes in could be crucial to the case’s outcome, Krishnamurthy said.
“When you look at antitrust cases, the market definition that comes out of the case, even what ends up being the one that determines the ruling, is often not anything remotely like how lay people or even businesses in that market will describe it,” Krishnamurthy said.
Andrew Ferguson, Commissioner of the Federal Trade Commission, speaks at a fireside chat at Harvard University’s second annual Conservative and Republican Student Conference 2025 at The Charles Hotel in Cambridge, Massachusetts, U.S., Feb. 8, 2025.
Sophie Park | Reuters
What happens now
The case kicks off Monday and is expected to last several weeks, and it could be months before Boasberg issues a ruling. It’s also unclear how the change of power in Washington could impact the case.
After being inaugurated in January, President Donald Trump replaced FTC Chair Lina Khan with Andrew Ferguson. Khan served as chair of the commission under former President Joe Biden and earned a reputation for being tough on businesses.
With the tech industry in particular, Khan brought an antitrust case against Amazon in 2023 and unsuccessfully sued to block Meta, Nvidia and Microsoft’s acquisitions of virtual reality startup Within, chip-design giant Arm and Activision Blizzard, respectively.
Though this case kicked off during Trump’s first time in office, Khan continued to pursue it during the Biden administration, telling a House Committee in May 2024 that the lawsuit “highlights the competitive importance of data and notes that privacy degradation can constitute an antitrust harm.”
Some legal experts have said that Trump’s pick of Ferguson could mean the FTC eases up on antitrust enforcement.
Khan told CNBC’s “Squawk Box” in early Jan. that she hopes the new Trump Administration won’t give Meta a “sweetheart deal” in the FTC case after Zuckerberg’s overtures to the White House.
Ferguson, however, has not indicated that the FTC plans to abandon its case, and in March, he told CNBC that his team has a “trial coming up” and that they are “pressing toward that.”
“My job is to make sure that everyone is complying with the antitrust laws,” Ferguson said. “And if they aren’t, we go to court.”
Ferguson is painting himself as an independent and is proceeding with trial outside of the broader political world, said George Hay, an antitrust law professor at Cornell Law School. Hay added that he’s pleased that Ferguson appears to be moving forward with the case despite much of its progress occurring during the Biden Administration.
“When you come in to the FTC, you inherit a staff of professionals who’ve been doing a lot of work, and it’s not that easy just to say, ‘Throw it all away,'” Hay said.
Dutch digital bank Bunq on Tuesday said it’s filed for broker-dealer registration in the U.S. as it looks to further expand across the Atlantic.
Bunq CEO Ali Niknam said the broker-dealer application will be an initial step toward securing a full banking license. He couldn’t offer a firm timeline for when Bunq will secure this authorization in the U.S. — but said he’s excited for its growth prospects in the country.
Obtaining a broker-dealer license will mean Bunq “can offer our users who have an international footprint — which is the user demography we’re aiming for — a great number of our services,” Niknam told CNBC. Bunq mainly caters for “digital nomads,” individuals who can live and work from anywhere remotely.
Bunq will be able to offer most of its services in the U.S. with the exception of a savings account after securing broker-dealer authorization, Niknam added.
Bunq, which touts itself as a bank for “digital nomads,” currently has a banking license in the European Union. It has applied for an Electronic Money Institution (EMI) in the U.K. Bunq previously had operations in Britain but forced to withdraw from the country in 2020 due to Brexit.
Bunq initially filed for a U.S. Federal bank charter in April 2023. However, it withdrew the application a year later, citing issues between its Dutch regulator and U.S. agencies. The company plans to resubmit its application for a full U.S. banking license later this year.
65% jump in profit
Beyond the update on international expansion, Bunq also on Tuesday reported a 65% year-over-year jump in profit to 85.3 million euros ($97.2 million). That jump was primarily driven by a 55% increase in net interest income, while net fee income also grew 35%.
Similarly to fintech peers such as N26 and Monzo, Bunq has benefited from a high interest rate environment by pocketing yields on customer deposits sat at the central bank.
Bunq’s CEO told CNBC that, while high interest rates have certainly helped, more generally Bunq is seeing increased usage of the platform and has been focused on cost efficiency from an operational perspective.
“Because we are so lean and mean, and because we have set up all of our systems from scratch … we have been able to not only increase our profits, but also offer very good interest rates in the European market in general, and in the Netherlands specifically,” Niknam said.
More recently, central banks in the EU and U.K. and U.S. have moved to slash interest rates in response to falling inflation and concerns of an economic slowdown, which can bite into bank earnings.
Niknam said he’s not concerned by the prospect of rates coming down and expects potential declines in interest income to be offset by a “diversified” revenue mix that includes income from paid subscription products, as well as new features. Bunq recently launched a tool that lets users trade stocks.
“This is different in continental Europe to the U.K. We had negative interest rates for long,” Niknam told CNBC. “So as we were growing, actually our cost base was also growing because we had to pay for all the deposits that people deposited a Bunq so I think we’re in a great position in 2025
Bunq is coming up against heaps of competition, especially in the U.S. market. America is already served by established consumer banking giants, including JPMorgan Chase, Bank of America, Wells Fargo and Citigroup. It’s also home to several major fintech brands, such as Chime and Robinhood.
Shares of Hewlett Packard Enterprise jumped nearly 5% after Elliott Investment Management built a more than $1.5 billion stake in the server maker, a person familiar with the matter told CNBC.
The activist investor hopes to engage the company in discussions on how to improve shareholder value, the source said.
Elliott declined to comment on the news. HPE did not immediately respond to CNBC’s request.
Shares of the data center equipment maker have lost more than a fourth in value this year. Last month, the company topped quarterly revenue expectations, but issued weak fiscal full-year guidance. HPE said it was grappling with higher discounting and expected price adjustments to weigh on its top-line growth.
Most recently, the investment management firm took a $1.5 billion stake in industrial software maker Aspen Technology, and said it opposed a deal that would allow Emerson Electric to buy remaining shares of the company in a $7.2 billion deal. In March, the firm named nominees to join the board of oil company Phillips 66, where it has amassed a $2.5 billion stake.
HPE is currently in attempting to buy Juniper Networks for $14 billion, but the U.S. Department of Justice sued to block the deal earlier this year.
Bloomberg first reported the news.
Correction: This story has been updated to reflect that Elliott took a $1.5 billion stake in HPE. A previous version of the story misstated the amount.
Workers transporting soil containing rare earth elements for export at a port in Lianyungang, Jiangsu province, China, Oct. 31, 2010.
Stringer | Reuters
As China imposes export controls on rare earth elements, the U.S. would be unable to fill a potential shortfall, according to the Center for Strategic and International Studies — and this could threaten Washington’s military capabilities.
Amid U.S. President Donald Trump’s escalating tariffs on China, Beijing earlier this month imposed export restrictions on seven rare earth elements and magnets used in defense, energy and automotive technologies.
The new restrictions — which encompass the medium and heavy rare earth elements samarium, gadolinium, terbium, dysprosium, lutetium, scandium and yttrium — will require Chinese companies to secure special licenses to export the resources.
Though it remains to be seen exactly how China will implement this policy, the CSIS report, published Monday, warns that it will likely result in a pause in exports as Beijing establishes the licensing system, and cause disruptions in supply to some U.S. firms.
As China effectively holds a monopoly over the supply of global heavy rare earths processing, such restrictions pose a serious threat to the U.S., particularly its defense technology sector.
“The United States is particularly vulnerable for these supply chains,” CSIS warned, emphasizing that rare earths are crucial for a range of advanced defense technologies and are used in types of fighter jets, submarines, missiles, radar systems and drones.
Along with the export controls, Beijing has placed 16 U.S. entities — all but one in the defense and aerospace industries — on its export control list. Placement on the list prevents companies from receiving “dual-use goods,” including the aforementioned rare earth elements.
Not ready to fill gap
According to CSIS’s report, if China’s trade controls result in a complete shutdown of the medium and heavy rare earth element exports, the U.S. will be incapable of filling the gap.
“There is no heavy rare earths separation happening in the United States at present,” CSIS said, though it noted the development of these capabilities is underway.
For example, the Department of Defense set a goal to develop a complete rare earth element supply chain that can meet all U.S. defense needs by 2027 in its 2024 National Defense Industrial Strategy.
Since 2020, the DOD has committed over $439 million toward building domestic supply chains and heavy rare earths processing facilities, according to data collected by CSIS.
However, CSIS said that by the time these facilities are operational, their output will fall well short of China’s, with the U.S. still far from meeting the DOD’s goal of an independent rare earth element supply.
“Developing mining and processing capabilities requires a long-term effort, meaning the United States will be on the back foot for the foreseeable future,” it added.
U.S. President Trump has also been seeking a deal with Ukraine, which would give it access to its deposits of rare earth minerals. However, questions remain about the value and accessibility of such deposits.
Implications
The CSIS report warns that the export controls pose direct threats to U.S. military readiness, highlighting that the country is already lagging behind in its defense manufacturing.
“Even before the latest restrictions, the U.S. defense industrial base struggled with limited capacity and lacked the ability to scale up production to meet defense technology demands,” its authors said.
They cite an estimate that China is acquiring advanced weapons systems and equipment five to six times faster than the U.S., originating from a U.S. Air Force official in 2022.
“Further bans on critical minerals inputs will only widen the gap, enabling China to strengthen its military capabilities more quickly than the United States,” the report concludes.
The U.S. is not alone in its concerns about China’s monopoly on rare earths, with countries like Australia and Brazil also investing in strengthening domestic rare earth elements supply chains.
CSIS recommends that the U.S. provide financial and diplomatic support to ensure the success of these initiatives.
However, China’s new export licensing system for the rare earths could also incentivize countries across the world to cooperate with China to prevent disruptions to their own supply of the elements, CSIS said.
A research report from Neil Shearing, group chief economist at Capital Economics, on Monday also noted how controls on rare earths and critical minerals have become part of Beijing’s playbook in pushing back against Washington.
Shearing notes that in addition to China’s hold on some rare earths, the supply of many other critical minerals, including cobalt and palladium, is concentrated in countries that align with Beijing.
“The weaponising of this control over critical minerals — and the race by other countries to secure alternative supplies — will be a central feature of a fractured global economy,” he said.