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Is Facebook indeed excuting an antitrust conduct?

By Natalia Vera Matiz, Vera Abogados - 05/02/2021

A few weeks ago, we all wake up with the notice of the legal suit against Facebook from 12 states and the federal government of United States, for allegedly breakup the antitrust law, by acquiring the Apps of Instagram and WhatsApp. But why is a problem for the administrative wing of North America?

Let’s begin saying that the antitrust law has almost by nature two different branches, one of them, aim to protect the user or consumer, and the other one has the object to protect the companies itself. By the first one, the costumer can choose the service or product that want from the variety that offers the market, and by the second, the companies can in effect compete in equal conditions with others; as you can conclude, this constitutes and essential core for the market. Please don’t forget that the government is the main one in charge of maintaining free competition.

In that order, the principal arguments of the lawsuit are that “Facebook deny the costumers the benefits of the competition” (1), and that Facebook use its power in order to dominance the competence. These means, that Facebook impact no more no less that the two essential branches of the anticompetitive laws.

The result of the case is as a matter a fact, business of the entire world, the problem does not reduce to the United States, in a important part of the world we are at the mercy of this company, and what happens in the United States where Facebook literally is eating its competitors, what can we say in an emergency country like Colombia, where the few technology of this kind is barely could be development, and in consequence, the geeks of this industry can’t ever compete with this giant.

It’s time to reconsider where we are been conducted, and what is going to happen with the consumers and the developers of software around the world.

We hope that this is the beginning for new and better environment for the innovation in this field.

(1) IAN CONNER. Director of the Bureau of Competition of FTC. Taken of the reportage of CNN business written by BRIAN FUG. “Facebook must be broken up, the US government says in a groundbreaking lawsuit”; December 10 of 2020

By Natalia Vera Matiz, Vera Abogados - 05/02/2021
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Vera Abogados Asociados

VERA ABOGADOS ASOCIADOS S.A.-, is a Colombian law firm with specialized lawyers, Founded more than 40 years ago, by Jorge E. Vera Vargas, Doctor in Law and Political Sciences of the La Gran Colombia University in Bogota D.C., Colombia. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador and Panama.

The Firm is today a reference in the Andean Community, and it makes part of important international affiliations such as PRAGMA, EEIG. International Network of Law Firm, The International Trademark Association (INTA), Asociación Interamericana de Propiedad Industrial (ASIPI), Associação Brasileira da Propriedade Intelectual (ABPI), and the Chamber of Industrial Property Agents of the Republic of Argentina(CAPIRA).
 
VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.
 
The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy. The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.