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    Quibi is shutting down / Google faces antitrust charges / Foxconn’s LCD factory is Wisconsin isn’t real

    enOctober 23, 2020

    Podcast Summary

    • Quibi Shuts Down and Google Faces Antitrust LawsuitQuibi, a short-form video service, closes down due to lack of success, while Google faces antitrust scrutiny for alleged monopolistic practices in digital advertising.

      This week on The VergeCast, several significant stories were discussed, including the shutdown of Quibi, a video service in which The Verge had been involved, and a major antitrust lawsuit against Google. Quibi's demise marked the end of another player in the crowded streaming market, while the antitrust suit against Google highlighted ongoing regulatory scrutiny of tech giants. Elsewhere, COVID-19 continued to dominate the news, with stories about hospitals and research facilities collaborating to address fragmented health data and Microsoft's work-from-home policies leading to more fuel-efficient air travel. Despite the pandemic's ongoing impact, innovation and adaptation were evident in these stories, demonstrating the resilience and agility of businesses and industries in the face of challenges.

    • Quibi's Failure: A Cautionary Tale of Misaligned Business Model and Changing Consumer BehaviorQuibi's failure was due to an ill-advised business model, poor content quality, and lack of adaptation to changing consumer behavior during the pandemic. Despite raising over $1.75 billion, they couldn't compete with free platforms and their pricing strategy was unsustainable.

      Quibi, a short form video streaming service, failed due to a combination of factors including an ill-advised business model, poor content quality, and a lack of adaptation to changing consumer behavior during the pandemic. Despite raising over $1.75 billion in investment and producing high-quality content with big names like Sophie Turner, the company could not compete with free platforms like TikTok and YouTube, and their pricing strategy was unsustainable. The company's co-founder, Jeffrey Katzenberg, acknowledged that some of their content was not essential, and they were unable to sell their shows or technology platform for a profitable price. The pandemic further hindered Quibi's success as their service was designed for on-the-go viewing, and people suddenly had nowhere to go. Quibi's failure serves as a cautionary tale about the risks of overinvesting in a business model that doesn't align with consumer behavior and expectations.

    • Quibi's Failure: Ignoring Consumer Behavior and Technology LimitationsQuibi failed due to disregarding consumer behavior, technology limitations, and the importance of content in the saturated streaming market.

      Quibi, a mobile-focused streaming platform, failed due to a lack of understanding of modern consumer behavior and technology limitations. The company disregarded valuable criticisms, particularly the importance of screenshot functionality for meme creation and content sharing. They also overlooked the challenges of implementing screenshot capabilities with DRM. Furthermore, they underestimated the need for a consistent, compelling library of content to attract and retain subscribers in the saturated streaming market. Despite having high-profile executives and impressive production budgets, Quibi failed to grasp the essential elements of success in the streaming industry.

    • The importance of extensive libraries and consistent new content for streaming successStreaming platforms thrive with large content libraries and consistent new releases, while traditional media companies shift towards streaming to meet consumer demand and convenience.

      The success of streaming platforms lies in their extensive libraries and consistent new content, as opposed to relying solely on premium, ad-free content during a time when audiences are consuming media primarily at home. The failure of Quibi, despite its ambitious pitch of premium on-the-go content, can be attributed to the pandemic-accelerated trend towards streaming and the lack of a substantial library or consistent new content. The convenience and value of having a vast library, as demonstrated by the shift of traditional media companies towards streaming, cannot be underestimated. Quibi's attempt to launch a traditional media company during a revolutionary period for media consumption proved to be a challenge, and the pandemic only added to their struggles.

    • Competing with free content on streaming platformsTo succeed in the media industry, streaming services must offer a unique value proposition, understand audience needs, and effectively target recommendations, despite the abundance of free content available.

      The media industry is rapidly changing, and trying to compete with free, easily accessible content on platforms like YouTube and TikTok by charging for a curated experience is a difficult business model. Quibi, a streaming service that aimed to disrupt the industry by providing high-quality, quick-form content, failed to realize the enormity of the competition and the small scale of its pitch. ESPN's move towards free highlights on social media platforms and the leagues' partnerships with them illustrate the abundance of free content available to consumers. The new media model involves creators providing content for free on platforms, and advertisers buying attention. However, the challenge for Quibi was to create a unique value proposition that justified charging for its content. Despite the potential of short-form content, as seen in Disney Plus' success with shorts, the key to success lies in understanding the audience's needs, having the right content, and effectively targeting recommendations. Quibi failed to execute on this vision, and its demise serves as a reminder of the importance of a clear, differentiated value proposition in a crowded market.

    • Google Sued by DOJ for Monopolizing Search MarketThe DOJ has filed a landmark antitrust lawsuit against Google, alleging monopolization and stifling competition in search. Potential remedies include a breakup.

      The U.S. Department of Justice has filed a landmark antitrust lawsuit against Google, alleging that its search product has monopolized the market and stifled competition. This is a significant development, as it marks the first major antitrust action against a tech company in years and could potentially lead to structural changes within Google, including a possible breakup. The lawsuit focuses on Google's dominance in search and its size, with attorneys general from a small number of states signing on. The specific remedies being sought are unclear, but the language used in the lawsuit suggests that a breakup is a possibility. The case is expected to be a major fight, with comparisons being drawn to the Microsoft antitrust case from the 1990s. The outcome of the case could have far-reaching implications for the tech industry and the regulation of big tech companies.

    • Google-Apple deal: Default search engine vs. competitionThe ongoing antitrust case against Google and Apple centers around Google being the default search engine on Apple devices, with critics arguing it stifles competition and harms consumer choice

      The ongoing antitrust case against Google revolves around the company's deal with Apple, making Google the default search engine on iPhores, iPads, and Macs. Google argues that consumers have the freedom to change their search engine preferences, but they believe the default matters as most users stick to it. Apple, on the other hand, demanded a significant payment from Google to maintain this default position. Critics argue that this deal stifles competition, as Google's dominance in search makes it difficult for competitors like Microsoft's Bing to gain traction. However, some question the merit of the case, as Apple is a powerful company that could have negotiated better terms or even chosen a different default search engine. Ultimately, the outcome of the case could significantly impact the tech industry, potentially leading to more competition or further consolidation of power for Google.

    • Google's antitrust case: A missed opportunity for stronger arguments?Critics argue that the DOJ could have strengthened its case against Google by targeting the company's bundling of services, drawing inspiration from the EU's efforts.

      The ongoing antitrust case against Google by the U.S. Department of Justice, which focuses on Google's dominance in the digital advertising market and alleged monopolistic practices, is seen by some as a missed opportunity. The EU's attempts to unbundle Google's services, such as Android and Chrome, from its search engine have had limited success. Critics argue that the DOJ could have drawn inspiration from the EU's efforts and targeted Google's bundling of services as a stronger argument. Additionally, some believe that the case may evolve to include other charges, particularly in the realm of ad tech, where Google holds significant market power. It's important to note that the case is still unfolding, and its ultimate impact remains to be seen.

    • Google's dominance in search market and challenges for competitorsGoogle's vast data and algorithm expertise create a large moat, making it hard for competitors to challenge its search dominance. Web advertising complexities hinder new entrants from subsidizing search engines through ads.

      Google's dominance in the general search market is significant, with few competitors able to challenge its position. Google's advantage lies in its vast amount of data and expertise in algorithms, creating a large moat that competitors find difficult to cross. Additionally, the complexities of web advertising make it challenging for new entrants to subsidize their search engines through ads. The ongoing antitrust lawsuit against Google primarily focuses on its deal with Apple, but it's unclear how successful such a lawsuit would be in changing the way businesses operate or regulating contracts between companies in the US. Ultimately, the question remains as to who is being hurt by Google's actions and whether there is enough evidence to make a compelling case under current competition laws.

    • Google's Dominance in Search and Advertising MarketThe antitrust case against Google raises concerns about its market power in search and advertising, with critics arguing it stifles competition. Google argues it faces competition from other sources, but regulators may need to consider making its search worse to help competitors.

      The ongoing antitrust case against Google raises questions about the dominance of the tech giant in various markets, particularly search and advertising. Critics argue that Google's power stifles competition, but Google counters that it faces competition from other sources, such as Amazon for retail and DuckDuckGo for search. Some suggest that regulating Google could involve making its search worse to allow competitors to gain ground, but this argument may not be popular with the public. The case is complex and will likely take years to unfold, with the Justice Department and several states expected to take action. Despite this, some observers feel that the case could have been more impactful if it had been handled more thoughtfully and not rushed before the election.

    • The debate over Section 230's immunity for tech companies continuesSenate subpoenas tech CEOs, FCC attempts to rewrite Section 230, both presidential candidates want to repeal it, net neutrality complicates matters

      The debate surrounding Section 230 of the Communications Decency Act, which grants immunity to tech companies for user-generated content, continues to be a contentious issue. The current state of affairs includes the Senate subpoenaing Jack Dorsey and Mark Zuckerberg, Twitter's release of a controversial feature, and the FCC's attempt to reinterpret Section 230. The FCC's claim that it has the authority to rewrite Section 230 has been widely criticized and is unlikely to stop Congress from changing it. Both presidential candidates, Donald Trump and Joe Biden, have expressed a desire to repeal Section 230 without providing further details. The FCC's stance on net neutrality, which is in direct opposition to its position on tech companies moderating content, adds to the confusion. Overall, the debate around Section 230 is likely to continue to dominate tech policy discussions.

    • Foxconn's $10 billion Wisconsin project faces significant challengesDespite a $3 billion tax incentive, Foxconn's LCD factory project in Wisconsin has made little progress, failed to meet hiring targets, and may not be the size promised.

      The Foxconn project in Wisconsin, which was supposed to be a groundbreaking $10 billion LCD factory, has faced significant challenges and delays. Journalist Josh Jezza spent four months reporting on the situation and found that little progress has been made, with Foxconn failing to meet hiring targets and building a much smaller facility than promised. The contract between Wisconsin and Foxconn, which included $3 billion in tax subsidies, has become contentious, and the nature of the building Foxconn has constructed remains unclear. The situation highlights the challenges of government incentives for large corporations and the importance of transparency in such deals.

    • Foxconn's Wisconsin factory shifts focus from LCD production to last-stage assembly and storageFoxconn's Wisconsin factory plans have undergone significant changes, with the company now focusing on last-stage assembly and storage instead of LCD production due to costly safety measures and other reasons, leading to criticism and skepticism about the company's initial commitment.

      Foxconn's planned LCD factory in Wisconsin has undergone significant changes, with the company now focusing on last-stage assembly and storage instead of LCD production. Foxconn initially aimed to manufacture LCD panels in the factory but later changed plans due to costly safety measures and other reasons. The company has faced criticism for promising LCD production and then shifting gears, leaving some people feeling deceived. The project has also seen various other changes, such as the building of a sphere that was initially intended to be the network operation center for a data center but is now likely to be used as event or office space. The exact reasons behind these changes and the intentions of Foxconn remain unclear, with some speculating incompetence and others grift. Regardless, the project has faced numerous setbacks and changes, leaving many questioning the sincerity of Foxconn's initial commitment to Wisconsin.

    • Foxconn's Disappointing Wisconsin ProjectDespite initial promises, Foxconn's Wisconsin project faced numerous delays, failed to meet goals, destroyed homes, and left the community feeling disillusioned

      The Foxconn project in Wisconsin, which was promised to bring significant investment and job opportunities, turned out to be a disappointing and disruptive venture for the community. The factory, intended to be a major development, saw numerous delays and failed to meet its initial goals. Foxconn's subsidiaries resisted spending money, leading to a cycle of promises and inaction. The project resulted in the destruction of 80 homes and relocation of residents, leaving many feeling upset and disillusioned. Despite some manufacturing activities, the project's scale was significantly smaller than anticipated, leaving many questioning its purpose. The community, including homeowners and workers, continues to grapple with the consequences of this failed development. Transparency and communication from Foxconn regarding their plans could potentially help alleviate some of the confusion and frustration.

    • Foxconn's failed attempts at creating smart citiesDespite grand plans for innovation and smart cities, Foxconn faced numerous challenges due to unclear technology access, lack of funding, and poor planning, resulting in unfulfilled promises and wasted resources.

      The Foxconn project, which aimed to create smart cities with self-driving golf carts and co-working spaces, faced numerous challenges due to unclear technology access, lack of funding, and poor planning. The executive in charge, Alan Young, was known for initiating buzzwordy side projects, including smart cities and innovation centers, but failed to deliver on promises. The innovation centers, which were supposed to be transformed into WeWorks, remained empty due to lack of funding for renovations. The golf cart project, which was intended to be autonomous security vehicles, ended up as low-quality carts in an empty warehouse. The story is emblematic of the larger issues that plagued the Foxconn project, which included miscommunication, unrealistic expectations, and wasted resources.

    • The Future of Foxconn in WisconsinThe Foxconn project in Wisconsin faces uncertain future due to political climate, lean business model, and international expansion plans, impacting local community's expectations and economic growth.

      The Foxconn project in Claire, Wisconsin, faced numerous challenges, from the controversial decision to locate there due to political connections, to the disappointing outcome of not meeting the initial promises of large-scale LCD manufacturing. The project's future hinges on the outcome of the upcoming election and the political climate towards Foxconn and its ties to the Trump administration. The company's lean business model and international expansion plans add complexity to the situation, making it uncertain whether they will continue to invest in Wisconsin or leave the project behind. Despite Terry Gou's significant influence on the company, it's unclear how his retirement and involvement in the project will impact the decision-making process. Overall, the Foxconn project in Wisconsin serves as a reminder of the complexities and uncertainties involved in large-scale industrial projects and their impact on local communities.

    • Foxconn's Complex Expense Approval ProcessFoxconn's unclear expense approval process led to months-long delays, denied expenses, and disorganization, impacting hiring, printing, and even employee pay.

      The lack of a clear expense approval process at Foxconn significantly contributed to the many issues faced during the building of their innovation centers. This resulted in months-long delays for approvals, with some expenses being denied entirely. People often had to bring their own equipment and even resort to using free trials for software due to Foxconn's inability to pay for necessary items. The approval process was so complex that it was referred to as "money mama," and even senior-level employees couldn't identify who held this position. This disorganization caused numerous problems, from printing business cards to hiring people, and even resulted in some individuals not getting paid for expenses like parking or travel.

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    Private Equity is Killing the American Economy, with Josh Kosman

    Private Equity is Killing the American Economy, with Josh Kosman

    Josh Kosman has been covering the financial industry for twenty-five years. He is a reporter for the New York Post, a former editor at Mergermarket.com and a former senior writer for The Deal and Buyouts Newsletter. 

    Josh also literally wrote the book on private equity – his The Buyout of America: How Private Equity is Destroying Jobs and Killing the American Economy, published in 2009, made a big political impact at the time, with Obama advisor David Axelrod reportedly using it as the basis for his attacks on Mitt Romney during the 2012 presidential campaign.

    Private equity and mergers. The FTC and DOJ are, according to Capitol Forum reporting, taking a harder stance on private equity firms as potential divestiture buyers for assets companies are proposing to sell in their attempts to cure anticompetitive mergers.

    Private equity and rising interest rates. Josh’s website details how “Moody’s in May 2020 reported that two-thirds of the companies with the lowest debt ratings” were private equity-owned. “Standard & Poor’s in February 2020 reported $1.5 trillion in speculative-grade US corporate debt matures through 2024…Roughly 60 percent of the money has been borrowed by private equity firm-owned companies. With interest rates rising this poses a big risk.” Josh adds.

    Private equity’s political power. Josh is also expert on private equity’s political influence, and has written about Senator Kyrsten Sinema’s (D-AZ) support for the industry and President Joe Biden’s ties to Carlyle Group Co-Founder David Rubenstein.

    The Biden Administration’s Changing Approaches to Antitrust in Health Care

    The Biden Administration’s Changing Approaches to Antitrust in Health Care

    Leslie Overton, Partner, Axinn Veltrop & Harkrider LLP, speaks with Peter Mucchetti, Partner, Clifford Chance US LLP, and Cagatay Koc, Managing Director, Secretariat Economists, about the Biden Administration’s changing approaches to antitrust in health care since the release of its July 2021 executive order on antitrust competition. They discuss the administration’s “all of government” policy approach to antitrust, recommendations for navigating merger reviews and antitrust investigations in the health care sector, considerations related to labor theories in the antitrust framework, and what to expect from revisions to the merger guidelines. Sponsored by Axinn.

    To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.