Meta’s Giphy acquisition will likely stay blocked after UK appeals court ruling

silversurfer

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In a judgment on Tuesday, an appeals tribunal in the United Kingdom largely upheld a previous ruling ordering Meta (parent company to Facebook) to unwind its acquisition of Giphy, as first reported by the Financial Times. The judgment comes more than six months after the initial ruling by the UK’s Competition and Markets Authority (CMA) and more than two years after Meta first announced its intention to acquire the company.

The ruling was not a total defeat for Meta, however. While the appeals tribunal found in favor of the CMA in five of the six claims, the tribunal did rule that the CMA had failed to properly inform Meta of Snapchat’s acquisition of Gfycat for nearly a year after it became aware of the ruling, thus undermining the company’s defense. The tribunal will decide how to remediate this error in the coming weeks in consultation with Meta and the CMA.

Still, the judgment lays out a tough road ahead for the proposed acquisition. The tribunal broadly upheld the reasoning presented in the decision and is unlikely to overturn it wholesale, leaving Meta with the difficult task of unwinding the deal.

Reached for comment, Meta emphasized the upheld claim and its impact on the broader ruling. “Today’s ruling found that the CMA’s approach to its investigation was ‘difficult to defend’ and ‘undermines the entirety of the Decision,’” said Meta spokesperson Christopher Sgro. “We look forward to understanding how these serious process flaws will be addressed. We firmly believe our investment would enhance GIPHY’s product for the millions of people, businesses, and partners who use it.”
 

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Meta has thrown in the towel in its protracted legal battle with the UK’s antitrust watchdog over the US giant's $400 million purchase of Giphy. After another ruling against it, the Facebook parent said it will sell Giphy as ordered.

The nation's Competition and Markets Authority (CMA) today outlined its continued concerns about "harm" that could be caused to social media denizens and advertisers if the acquisition of Giphy was allowed to go ahead. The tale began in May 2020 when Facebook bid nearly half a billion dollars for the GIF mega-gallery. The process was put on ice the following month when the CMA demanded answers to questions about the implications of approving such a sale. Monopoly regulators around the world give the impression they now regret letting Facebook absorb Instagram and WhatsApp back in the day, and have decided to turn up the scrutiny on Meta's latest takeovers.

Facebook said this extra probing and stalling was an “unreasonable compliance burden” and found itself in a Competition Appeal Tribunal after it carried on integrating Giphy.
 

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vtqhtr413

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The UK ordered Meta to sell Giphy at the end of 2021, and now the social media heavyweight is following through. Stock photo provider Shutterstock has reached a deal to buy Giphy from Meta for $53 million. Notably, this won't break compatibility — Meta is entering a programming interface agreement that ensures Giphy's GIFs work properly across services like Facebook, Instagram and WhatsApp.

The sale is expected to close in June. Shutterstock says the purchase will boost its stake in "casual conversations" by adding GIFs and stickers to its catalog, not to mention Giphy partners like Microsoft, TikTok and Twitter. The buyout will also help foster Shutterstock's generative AI strategy, particularly in mobile, and should help the company reach more advertisers.

Meta (then Facebook) bought Giphy in 2020 to fold its GIF library into platforms like Instagram. The deal was reportedly worth $400 million. The UK's Competition and Markets Authority (CMA) soon launched an investigation to determine if the acquisition would hurt competition, though, and fined Meta $69.6 million for continuing with merger plans without the regulator's approval. A year later, the CMA told Meta to sell Giphy after finding that the takeover would unfairly cement Meta's market dominance.
 

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