Facebook CEO Mark Zuckerberg |
Facebook has been fined 110 million euros ($122 million) by European regulators for providing "misleading information" about its acquisition of messaging service WhatsApp.
The
European Commission, the European Union's executive arm, announced the fine on Thursday.
"Today's
decision sends a clear signal to companies that they must comply with all
aspects of EU merger rules, including the obligation to provide correct
information. And it imposes a proportionate and deterrent fine on
Facebook," EU Commissioner Margrethe Vestager said in a statement.
"The
Commission must be able to take decisions about mergers' effects on competition
in full knowledge of accurate facts."
What is
the issue?
Facebook
bought WhatsApp in 2014 for $19 billion. The Commission's issue centers
around the U.S. social networking giant linking Facebook accounts to WhatsApp user identities. In 2014, the
Commission said that Facebook told it that there was no possibility to
establish "reliable automated matching between Facebook users' accounts
and WhatsApp users' accounts."
Facebook CEO Mark Zuckerberg delivers the
keynote address at Facebook's F8 Developer Conference on April 18, 2017 at
McEnery Convention Center in San Jose, California. The conference will explore
Facebook's new technology initiatives and products.
But in 2016, Facebook released an update
to its terms of service that raised the possibility of linking accounts from
both platforms.
"By coordinating more with Facebook,
we'll be able to do things like track basic metrics about how often people use
our services and better fight spam on WhatsApp," the messaging firm
said in a blog post at the
time.
"And by connecting your phone number
with Facebook's systems, Facebook can offer better friend suggestions and show
you more relevant ads if you have an account with them."
But the Commission said that contrary to
Facebook's statements in 2014 saying it wasn't able to link accounts, the U.S.
firm was aware that such a possibility existed.
However, the fine will not impact the EU
body's previous decision to approve the acquisition.
"The Commission at the time also
carried out an 'even if' assessment that assumed user matching as a
possibility. The Commission therefore considers that, albeit relevant, the
incorrect or misleading information provided by Facebook did not have an impact
on the outcome of the clearance decision," a Commission statement read.
It added that Thursday's fine is
unrelated to any ongoing national antitrust or data protection issues that may
arise following the update that WhatsApp rolled out in 2016.
Facebook said that to the best of its
knowledge, the information it provided was correct.
"We've acted in good faith since our
very first interactions with the Commission and we've sought to provide
accurate information at every turn. The errors we made in our 2014 filings were
not intentional and the Commission has confirmed that they did not impact the
outcome of the merger review," a Facebook spokesperson told CNBC by email.
"Today's announcement brings this
matter to a close."
How was the fine calculated?
Under European Union rules, a company can
be fined up to 1 percent of its aggregated turnover if it intentionally or
negligently provides incorrect or misleading information about a merger or
acquisition.
The Commission said that Facebook's
infringements "are serious because they prevented it from having all
relevant information for the assessment of the transaction."
But the EU body did say that Facebook
co-operated in the investigation into the WhatsApp takeover and as such, the
Commission has taken this into account when setting the fine.
"On the basis of these factors, the
Commission has concluded that an overall fine of 110 million euro is both
proportionate and deterrent," it said.
The fine is small when taken in the
context of Facebook's overall revenue which was $27.6 billion in 2016, and just
over $8 billion in the first quarter of 2017 alone.
What else is the EU looking at?
It is
the first time that the Commission has imposed a fine on a company for
incorrect or misleading information since the 2004 Merger Regulation – under
which it is fining Facebook – has come into force.
The EU
has been aggressively pursuing U.S. technology companies on several fronts from
mergers to tax and competition concerns. Alphabet-owned Google for example
is under investigation by the Commission over alleged antitrust
practices in regard to its Android mobile operating system.
And Apple was forced
to pay 13 billion euros back to Ireland after the Commission deemed that
the country offered the U.S. firm "illegal tax benefits".
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