> ## Content Index > Fetch the complete content index at: https://www.nearmedia.co/llms.txt > Use this file to discover other available public pages before exploring further. # Facebook Beats FTC, Ugly Ads, the 4-Day Work Week - URL: https://www.nearmedia.co/facebook-wins/ - Published: 2021-06-28T21:45:25.000Z - Updated: 2021-06-28T21:49:24.000Z - Author: Greg Sterling - Tags: News ### FTC Humiliated, Facebook Antitrust Case Dismissed Earlier today, a federal court judge [dismissed](https://www.cnbc.com/2021/06/28/judge-dismisses-ftc-antitrust-complaint-against-facebook.html?ref=nearmedia.co) state and FTC antitrust lawsuits against Facebook. Like that. The news propelled Facebook's market capitalization [above $1 trillion](https://www.google.com/search?q=facebook+ticker&oq=facebook+ticker&aqs=chrome..69i57j0l7j69i64.3647j0j1&sourceid=chrome&ie=UTF-8&ref=nearmedia.co) for the first time. Although the FTC could keep the case alive with an amended complaint, it's a humiliating setback – for the agency and antitrust enforcement against Facebook. The court said, in its [opinion](https://storage.courtlistener.com/recap/gov.uscourts.dcd.224921/gov.uscourts.dcd.224921.73.0.pdf?ref=nearmedia.co), that the government had failed to present sufficient facts to support the claim that Facebook was in fact a monopoly or engaged in anticompetitive behavior. While it seems clear to many laypeople that Facebook is too powerful, the plaintiffs couldn't meet the legal requirements of [Section 2 of the Sherman Act](https://www.justice.gov/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman-act-chapter-1?ref=nearmedia.co#:~:text=Section%202%20of%20the%20Sherman%20Act%20makes%20it%20unlawful%20for,foreign%20nations%20.%20.%20.%20.%22) or Section 13(b) of the FTC Act. ![](https://storage.ghost.io/c/03/80/0380d96d-ef7e-450e-96b3-2963e18aaab5/content/images/2021/06/brett-jordan-tWX_ho-328k-unsplash.jpg) Source: [Brett Jordan](https://unsplash.com/@brett%5Fjordan?utm%5Fsource=unsplash&utm%5Fmedium=referral&utm%5Fcontent=creditCopyText) on [Unsplash](https://unsplash.com/s/photos/facebook?utm%5Fsource=unsplash&utm%5Fmedium=referral&utm%5Fcontent=creditCopyText) **Our take:** - The state Attorneys General case was killed because too much time had elapsed between the conduct at issue (buying competitors) and the litigation. - The FTC didn't present enough facts. And while not impossible, it's going to be difficult to amend the complaint in a way that revives the case. - The court's rationale reflects old thinking about antitrust. Congress will have to change the law before such litigation can succeed. ### IDFA Opt-In Strategy: Show the Ugly Ads In the several months since Apple's AppTrackingTransparency rules kicked in, opt-in rates [have remained low](https://www.flurry.com/blog/ios-14-5-opt-in-rate-att-restricted-app-tracking-transparency-worldwide-us-daily-latest-update/?ref=nearmedia.co). In the US, it's either 6% or 14% depending on how you look at it: 6% overall, but 14% for those actually seeing the prompts. To "educate" and persuade users to opt-in, many publishers are now showing [pre-permission messaging](https://www.adexchanger.com/data-driven-thinking/perfect-your-ios-14-opt-in-strategy-with-pre-permission-prompts-built-with-context-and-trust/?ref=nearmedia.co). Typical arguments include: keeps the content free, personalizes the ad experience, helps support our site and so on. I have declined to opt-in to any of the apps that have shown me the prompt, including the Daily Beast. Below are the ads I started seeing on the site afterward; it sort of made me regret the decision. This is a strategy. ![](https://storage.ghost.io/c/03/80/0380d96d-ef7e-450e-96b3-2963e18aaab5/content/images/2021/06/Screen-Shot-2021-06-28-at-2.20.12-PM.png) Source: Daily Beast **Our take:** - Years ago, I opted out of all behavioral targeting through [AdChoices](https://youradchoices.com/?ref=nearmedia.co). After that it was all Christian Singles and Viagra – truly. - Consumers are not opting-in because they don't trust publishers or know what happens to their data. This should be explicitly addressed. - If publishers can preview the ugly ad experience (if users decline to opt-in) some number of them may say "yes." ### How Real Is the 4-Day Work Week? In the wake of COVID-19, the notion of a four-day work week [may be catching on](https://qz.com/work/2023522/the-four-day-workweek-is-finally-catching-on/?ref=nearmedia.co). Boosted by an experiment [Microsoft did in Japan](https://www.npr.org/2019/11/04/776163853/microsoft-japan-says-4-day-workweek-boosted-workers-productivity-by-40?ref=nearmedia.co) in 2019, there's a more serious discussion happening now. In the Microsoft Japan example, the company found that worker productivity actually increased 40% though people were presumably working fewer hours. Now the Japanese government [is trying](https://www.seattletimes.com/business/japan-proposes-four-day-workweek-as-idea-gains-purchase-amid-pandemic/?ref=nearmedia.co) to get more companies to officially adopt the four-day work week. More American companies are taking a look as well. Kickstarter announced that it would [test the concept next year](https://www.theatlantic.com/family/archive/2021/06/kickstarter-four-day-workweek/619263/?ref=nearmedia.co). Shake Shack and Unilever are also in process with their own "experiments." And there's an [online community](https://www.4dayweek.com/?ref=nearmedia.co) promoting the idea globally. ![](https://storage.ghost.io/c/03/80/0380d96d-ef7e-450e-96b3-2963e18aaab5/content/images/2021/06/adam-whitlock-I9j8Rk-JYFM-unsplash.jpg) Source: [Adam Whitlock](https://unsplash.com/@adam%5Fwhitlock?utm%5Fsource=unsplash&utm%5Fmedium=referral&utm%5Fcontent=creditCopyText) on [Unsplash](https://unsplash.com/s/photos/party?utm%5Fsource=unsplash&utm%5Fmedium=referral&utm%5Fcontent=creditCopyText) **Our take:** - A few of the tech company executives I casually mentioned the idea to dismissed it as a ridiculous concept. - Assuming favorable results of the various "tests," we're likely to see more startups offering the four-day week as a recruiting and PR tool. - In the future, we could see companies forced to consider a four-day week to compete for talent. A weak economy, however, would kill momentum. ## Recent Analysis - **Local Listings Domino Theory**, [by Andrew Shotland](https://www.nearmedia.co/local-listings-domino-theory/). - **Near Memo Episode 21:** [Google’s delay of FLoC, DuckDuckGo success, new SMB covid reality](https://www.nearmedia.co/near-memo-episode-21/)? ## Short Takes - **85% of US adults own smartphones**, 77% [have](https://www.pewresearch.org/internet/2021/06/03/mobile-technology-and-home-broadband-2021/?ref=nearmedia.co) home broadband. - Texas court: **Facebook liable for sex trafficking** [conducted on its site](https://www.houstonchronicle.com/news/houston-texas/crime/article/Teen-sex-trafficking-victims-from-Houston-land-16274177.php?ref=nearmedia.co). - Digital OOH company **Firefly [buys](https://oohtoday.com/firefly-acquires-curb-taxi-media/?ref=nearmedia.co) Curb Taxi Media**. - **Domino's Pizza** website and app [failed to comply with the ADA](https://blog.ericgoldman.org/archives/2021/06/domino-pizzas-website-violated-the-americans-with-disabilities-act-ada-robes-v-dominos.htm?ref=nearmedia.co). - **Robotic pizza delivery vehicles** [now traversing](https://thenextweb.com/news/these-cute-robots-deliver-pizza-across-austin-texas-syndication??ref=nearmedia.co) Austin, TX bike lanes. - **Moz blog: Google Posts** [best practices](https://moz.com/blog/7-google-posts-tips?ref=nearmedia.co) from Joy Hawkins. - **TikTok** ultimately [a creature of the Chinese government](https://www.cnbc.com/2021/06/25/tiktok-insiders-say-chinese-parent-bytedance-in-control.html??ref=nearmedia.co). - UK gov't: **Amazon, Google** breaking law [by not purging fake reviews](https://www.cnn.com/2021/06/25/tech/amazon-google-fake-reviews/index.html?ref=nearmedia.co). - NY city council seeking to [cap](https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4991369&GUID=FE1FC4C2-576C-4D91-80CA-AF58F4CF4B18&Options=Advanced&Search=&utm%5Fsource=hngry&utm%5Fcampaign=df9118511d-nice-day-free&utm%5Fmedium=email&utm%5Fterm=0%5F35292bb014-df9118511d-438610278&mc%5Fcid=df9118511d&mc%5Feid=21725912f8) **food delivery fees** at 20%. - **Startups boomed during pandemic**, [higher than in normal year](https://www.piie.com/blogs/realtime-economic-issues-watch/startups-boom-united-states-during-covid-19?ref=nearmedia.co). - **Scott Galloway's** [existential musings](https://www.profgalloway.com/space/?ref=nearmedia.co)/reflections on space billionaires. - Film F9's **$70M theatrical debut** [argues](https://www.mediapost.com/publications/article/364595/f9-pulls-biggest-first-weekend-box-office-since.html??ref=nearmedia.co) traditional movies are back. - **Nextdoor** seeks to [accelerate international growth](https://www.mediapost.com/publications/article/364374/nextdoor-focuses-on-international-expansion-hires.html??ref=nearmedia.co). Listen to our [latest podcast](https://www.nearmedia.co/memo/). [![](https://storage.ghost.io/c/03/80/0380d96d-ef7e-450e-96b3-2963e18aaab5/content/images/2021/02/near_memo_banner.png)](https://nearmedia.co/memo?ref=nearmedia.co) How can we make this better? Email [us](mailto:gsterling@nearmedia.co) with suggestions and recommendations.