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Amazon Founder and CEO Jeff Bezos speaks to the media on the company’s sustainability efforts in Washington on September 19, 2019.

Eric Baradat | AFP | Getty Images

Amazon flooded its search results with irrelevant “defect” ads at the direction of Founder Jeff Bezos, pumping Amazon profits while steering shoppers to higher-priced goods, the Federal Trade Commission alleged in a newly unredacted portion of its antitrust lawsuit against the company.

“At a key meeting, Mr. Bezos directed his executives to ‘[a]ccept more defects’ as a way to increase the total number of advertisements shown and drive up Amazon’s advertising profits,” the FTC wrote in a now-public part of the complaint. The agency said that defect ads referred to those that that are irrelevant or only somewhat relevant to what a user is searching for.

The agency and 17 states sued the company in late September for allegedly using its monopoly power to increase prices across the web while degrading the shopping experience and excluding rivals. The FTC filed a less-redacted version of the complaint on Thursday, which reveals new details about the effect its growing advertising business has had on shoppers and sellers that use its site.

Amazon began running ads on its site over a decade ago, allowing brands and sellers to bid for higher placement in search results to have their product stand out from competitors. The unit has turned into a juggernaut, and one of Amazon’s higher-margin businesses. 

In 2018, Amazon leapfrogged Microsoft to become the third-largest ad platform in the U.S., trailing only Google and Facebook.

Amazon in 2022 began breaking out advertising revenue in its quarterly earnings reports, revealing just how big the business has become. Last month, Amazon said its ad business brought in more than $12 billion in revenue in the third quarter.

Amazon General Counsel David Zapolsky called the initial complaint “wrong on the facts and the law,” and said its actions challenged by the FTC “have helped to spur competition and innovation across the retail industry, and have produced greater selection, lower prices, and faster delivery speeds for Amazon customers and greater opportunity for the many businesses that sell in Amazon’s store.”

Amazon did not immediately provide a statement on the claims against its advertising business, but Amazon spokesperson Tim Doyle disputed other aspects of the complaint made public Thursday.

A worse experience for users

According to the new version of the complaint, Amazon’s ads strategy worsened the shopping experience for users.

The proliferation of junk ads led to more relevant organic results being crowded out. In their place, shoppers were served up products that were “plainly not what the customer searched for,” such as an ad for a LA Lakers t-shirt in a search for a Seattle Seahawks t-shirt.

Other results were more puzzling. In one example collected by an Amazon executive, “Buck urine” showed up first in a search for water bottles.

Amazon weighed placing guardrails on ads in search results, but senior executives at the company ultimately determined they shouldn’t be “constrained” by limitations such as how relevant the products were to what shoppers search for.

Even though Amazon knew defect ads worsened the search experience, internal experiments showed the practice had no detrimental effect to its advertising revenue, and therefore its profits. The company went as far as incorporating a “cost of defect” into its ad auction system “to make the most money from its ad auctions.”

“With advertisements being so profitable to Amazon even at higher defect rates, senior Amazon executives agreed, ‘we’d be crazy not to’ increase the number of advertisements shown to shoppers,” the complaint states.

The increase in ads was not just annoying, according to the FTC. It also helped push shoppers toward higher-priced items.

An internal study at Amazon in 2018 found that the median price for sponsored products was higher than that of “neighboring organic content,” according to the complaint, which still redacted the percentage difference between the prices. For an undisclosed percentage of impressions, the study allegedly found, “the [Sponsored Products] price is at least twice that of the organic result.”

“‘[A]s the share of site real estate devoted to sponsored content grows, it becomes harder for customers to undo price effects’ by navigating to lower cost product listings,” the FTC wrote, quoting from the study. “Amazon’s economists also found that as advertising grew, ‘the price difference translates into a material impact on overall site ASP [average sales price].'”

Amazon’s ads strategy not only degraded the experience on the platform for shoppers, but also for third-party sellers, the agency alleges.

Amazon recognized that increasing the amount of advertising drove up the amount it took sellers to get their products in front of shoppers, the FTC alleged. And an Amazon executive explained that the cost, “is likely to be passed down to the customer and result in higher prices for customers,” according to the complaint.

The FTC said that based on public reports, though Amazon engineers found a short-term dip in the number of customers who made purchases when sponsored ads were given prominent placement, those effects “are vastly outweighed in the short term by ad revenue,” the team allegedly said.

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SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

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SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

Elon Musk, Chief Executive Officer of SpaceX and Tesla and owner of X looks on during the Milken Conference 2024 Global Conference Sessions at The Beverly Hilton in Beverly Hills, California, U.S., May 6, 2024. 

David Swanson | Reuters

The Securities and Exchange Commission has asked a federal judge to sanction Elon Musk if he continues to violate the court’s order to appear for a deposition in a probe of his 2022 Twitter acquisition.

The SEC has been investigating whether Musk or anyone else working with him committed securities fraud in 2022 as the Tesla CEO sold shares in his automaker and shored up a stake in Twitter, ahead of his leveraged buyout of the company now known as X.

In May, the court ordered Musk to appear for a deposition by the financial regulators regarding the Twitter deal.

“Musk has now failed to appear before the SEC twice: first in September 2023, in defiance of a lawful administrative subpoena, and last week, in defiance of a clear court order,” SEC attorney Robin Andrews said in the Friday filing.

Andrews asked the judge to consider sanctions should Musk delay further, according to the filing.

“The Court must make clear that Musk’s gamesmanship and delay tactics must cease,” Andrews wrote.

The filing also revealed, in a footnote, that the SEC intends to ask the court to hold Musk in “civil contempt” for canceling a deposition on Sept. 10, giving the agency only a few hours notice that he would not appear. Musk’s cancellation cost the SEC time and money after it sent personnel to Los Angeles to depose him and he didn’t appear for the investigative interview, the agency said.

Musk’s deposition in the probe has been rescheduled for a date in early October at an SEC office, the filing said.

“Without further action by the Court, nothing deters Musk” from “simply failing to show up for that date,” Andrews wrote.

Musk’s attorney, Alex Spiro, a partner at Quinn Emanuel in New York, wrote in a response that “such drastic action would be inappropriate,” adding that the SEC and Musk had agreed rescheduling would be permissible in light of an emergency.

Additionally, Musk and his companies have “cooperated and are cooperating with the SEC in multiple other ongoing investigations,” Spiro wrote.

In a separate, civil lawsuit concerning the same Twitter deal, the Oklahoma Firefighters Pension and Retirement System has sued Musk in a federal court in New York accusing him of deliberately concealing his progressive investments in Twitter and intent to buy out the company.

The pension fund’s attorneys argue that Musk, by failing to clearly disclose his investments in and intentions to buy Twitter, had influenced other shareholders’ decisions and put them at a disadvantage.

Discovery from that case in New York yielded correspondence between an unnamed person at Morgan Stanley, and the executive who manages Musk’s money, Jared Birchall. In the messages, the Morgan Stanley contact wrote in February 2022 that Musk’s Twitter stock-buying strategy was closely held.

“No one knows what is going on and why but you and me,” the person at Morgan Stanley wrote. “Not compliance, not anyone.”

Read the court filing below:

Elon Musk's X is a financial 'disaster,' co-authors of new book 'Character Limit' say

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Qualcomm recently approached Intel about a possible takeover

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Qualcomm recently approached Intel about a possible takeover

Qualcomm CEO Cristiano Amon speaks at the Computex forum in Taipei, Taiwan, June 3, 2024.

Ann Wang | Reuters

Qualcomm recently approached struggling chipmaker Intel about a takeover, CNBC has confirmed.

It wasn’t clear if Intel had engaged in conversations with Qualcomm or what the terms would be, according to a person familiar with the matter who asked not to be named because the information was confidential.

The Wall Street Journal was first to report on the matter. Intel shares initially popped on the news before closing up about 3%, while Qualcomm shares fell about 3% at the close. 

The deal, if it were to happen, would be one of the largest technology mergers ever. Intel has a market cap of over $90 billion.

Once the world’s largest chipmaker, Intel has for years been in a downward spiral that accelerated in 2024. The stock had its biggest one-day drop in over 50 years in August after the company reported disappointing earnings. Intel shares are down 53% this year as investors express doubts about the company’s costly plans to manufacture and design chips.

Qualcomm and Intel compete in several markets, including for PC and laptop chips. However, Qualcomm, unlike Intel, doesn’t manufacture its own chips, and instead relies on firms such as Taiwan Semiconductor Manufacturing Company and Samsung to handle production.

On Monday, after a board meeting to discuss strategy, Intel CEO Patrick Gelsinger sent a memo to staff that reiterated the company’s commitment to investing heavily in its foundry business, a project that could cost $100 billion over the next five years. It also said that it was weighing outside investment.

Intel has also missed out on the artificial intelligence boom that’s captured the attention of Wall Street. Most of the advanced AI programs, such as ChatGPT, run on Nvidia graphics processors, instead of Intel central processors. Nvidia has more than 80% of the fast-growing market, according to analysts.

Qualcomm generates less revenue than Intel. It reported $35.8 billion in sales in fiscal 2023, compared with Intel’s $54.2 billion during the same period.

A potential deal would be complicated by antitrust and national security matters. Both Intel and Qualcomm do business in China, and both have seen deals scuttled by Chinese antitrust enforcers. Intel was unsuccessful with its attempted acquisition of Tower Semiconductor, as was Qualcomm in its bid to acquire NXP Semiconductor.

Other giant acquisitions in the space have also been scuttled. In 2017, Broadcom made a bid to buy Qualcomm for more than $100 billion. The Trump administration blocked the deal the following year on national security concerns, because Broadcom was based in Singapore at the time. And in 2021, the Federal Trade Commission sued to block Nvidia’s attempted purchase of Arm on antitrust grounds. The deal was called off in 2022 following additional pressure from regulators in Europe and Asia.

Representatives for Qualcomm and Intel declined to comment.

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Apple iPhone 16, Apple Watch Series 10 and AirPods 4 debut around the world

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Apple iPhone 16, Apple Watch Series 10 and AirPods 4 debut around the world

Apple CEO Tim Cook: We're very excited about iPhone 16 demand

Apple on Friday greeted customers at its stores around the world for the debuts of the iPhone 16, Apple Watch Series 10 and AirPods 4.

The new products were announced at an event earlier this month and have been available for pre-order since Sept. 13. The company lit up the glass cube at its Fifth Avenue Apple Store in New York City, in a nod to the enhanced Siri, which will light up the borders of the new iPhone’s screen when that feature rolls out next month.

Apple’s fresh iPhones mark the company’s latest move into artificial intelligence, with new Apple Intelligence features that will begin to launch in October. The new features will allow customers to rewrite text, remove objects from photos and speak with an improved Siri. The software advancements will only be available on iPhone 16 and last year’s iPhone 15 Pro devices.

A view of Apple’s new iPhone 16 at an Apple Store on the Regent Street in London, United Kingdom on September 20, 2024. 

Rasid Necati Aslim | Anadolu | Getty Images

But Apple shares slid on Monday after analyst reports suggested that demand for the latest iPhones was lower than expected. TF Securities analyst Ming-Chi Kuo said in a note on Monday that first-weekend sales were down about 12% year over year from the iPhone 15 last year. Barclays, JPMorgan and Bank of America also noted shipping times could translate to lighter demand for the more expensive iPhone Pro models compared with last year.

CNBC’s Steve Kovach spoke with CEO Tim Cook outside Apple’s Fifth Avenue store and asked whether sales looked better or worse than last year. “I don’t know yet. It’s only the first hour, so we’ll see,” Cook said.

On Friday, UBS analysts suggested investors shouldn’t overreact to what appears to be lighter sales because that data is also collected by analyzing the wait times for new iPhone models and that those were longer last year due in part to supply chain disruptions.

Apple Store Fifth Avenue in New York

Steve Kovach| CNBC

“Ahead of the iPhone 16 announcement, our analysis suggested that a lack of a killer app and arguably somewhat half-baked introduction of Apple Intelligence would dampen demand,” the UBS analysts wrote. “While we still argue the collection of iPhone/iOS attributes are more evolutionary than revolutionary, we caution that investors not overreact to data that suggests somewhat initial tepid demand.”

The UBS analysts said supply chain disruptions last year “slightly distorted/extended last year’s data,” which led to longer wait times for customers for Pro models. Last year, UBS wrote, customers had a 41-day wait time for some iPhone 15 Pro Max pre-orders compared with a 26-day wait time for the iPhone 16 Pro Max this year.

“Nevertheless, data across all models and regions roughly a week post launch support our view that a super-cycle is not imminent as US and China data on the margin is disappointing relative to last year,” they wrote.

Devices of the new Apple Watch Series 10 model are on display after the presentation at Apple headquarters. 

Andrej Sokolow | Picture Alliance | Getty Images

The Apple Watch Series 10 offers a larger screen than that of earlier models. It will support, along with the earlier Series 9, new Sleep Apnea detection, as well as other fresh features. The AirPods 4 offer a refresh with a smaller charging case and an option with noise cancellation.

CNBC reviewed the new iPhone 16 Pro Max and the Apple Watch Series 10 earlier in the week.

— CNBC’s Michael Bloom and Steve Kovach contributed to this report.

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