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Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @09:03AM (#44776302)
It absolutely proves that she was right. If you care about market cap? She was right. If you care about employee comp? She was right. If you care about consumer choice, she was right. Number of listings, new potential acquirers for your startup, more diverse office geography, right right right right.

The idea that there's a significant lobby on fucking Hacker News unhappy that a startup IPO'd for a zillion bucks and made everyone rich is twilight zone shit. It makes no sense according to the stated values in the fucking masthead.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by MattDamonSpace on Sunday August 03, 2025 @11:59AM (#44777451)
It wasn’t the outcome, it was the bad reasoning and the overall desire for interference

Does it really matter if Figma was bought vs IPO? No of course not. Khan just needs a poster child for her overall intervention philosophy.

Pointing at Figma as a success for her overall world view is like the religious who say “oh god saved me from that flood” while ignoring the hundreds who did die. The Almighty wanted them to die? Or…?

If you’re gonna claim the successes you have to claim the failures

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by nicoburns on Sunday August 03, 2025 @12:18PM (#44777589)
> Does it really matter if Figma was bought vs IPO? No of course not.

I think it matters. Look what happened when Adobe acquired Macromedia in 2005. The innovative product (Fireworks) that brought many (but not all) many of the innovations that would later come in Sketch and then Figma was left to slowly die because it competed with their flagship product (Photoshop). That delayed innovation in that market segment by around a decade.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by pests on Sunday August 03, 2025 @01:06PM (#44778012)
Fireworks was great when I was a young teen and first learning the difference vector graphics could make.

Let’s not forget our beloved Flash, who knows how Macromedia would have handled it and maybe it wouldn’t have had to be removed from browsers under Adobe’s watch due to security issues.

I almost never see anyone mention Macromedia in relation to Flash these days, almost as if history has rewritten it to an Adobe thing.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by mschuster91 on Sunday August 03, 2025 @01:37PM (#44778215)
> who knows how Macromedia would have handled it and maybe it wouldn’t have had to be removed from browsers under Adobe’s watch due to security issues.

Flash always was a dumpsterfire, and so were virtually all browser plugins using native code. There's a reason NPAPI was deprecated eventually.

The exception of course is ActiveX. There was no way to ever make that shitshow even reasonably safe, simply given how its execution model was.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @02:01PM (#44778378)
It was kind of fun watching adult men say the word "ActiveX" out loud and in earnest though. DCOM with Apartment Threading just didn't have that same "Power Rangers Bad Guy" energy.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by mschuster91 on Monday August 04, 2025 @03:23AM (#44782915)
From a security perspective, ActiveX is a relic from days long past, when people could be reasonably trusted - an assumption that broke around the early '00s when "dialer" malware offered a first way to extract funds from victims.

From a developer perspective, I'm still sad that it went away. The old COM/OLE/ActiveX ecosystem was flexible to a degree nothing has never ever been since.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @12:03PM (#44777481)
What failures? Tech has been Godzilla stomping every conceivable obstacle to total world domination. Its like half the fucking stock market.

Someone caught a shooting star in the palm of their hand one time and this happened.

What are you talking about?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Jolter on Sunday August 03, 2025 @12:30PM (#44777676)
What failures, exactly?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by fmbb on Sunday August 03, 2025 @12:34PM (#44777727)
If there are no failures how can you claim them?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by tsimionescu on Sunday August 03, 2025 @03:03PM (#44778830)
It doesn't matter per se if Figma is bought instead of an IPO. It does matter that Adobe was about to pay about one third the fair market price of Figma, and she successfully stopped this market manipulation.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by respondo2134 on Sunday August 03, 2025 @11:48AM (#44777377)
IPOs are a really tough path, and can significantly alter the business. I'd hesitate to hold up the big one for this year as vindication for her entire approach. The vast majority of growth tech companies are not going to go public, but need to release value for investors and employees, and PE or acquisition is the only path open to them. If you've ever had experience with PE you might not want to deal with that, and getting bought is all that's left if you owe people a big return soon.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @11:54AM (#44777424)
Sure, and a counter-argument of the form "acquisitions from such valuation to such valuation were down such percent, we interviewed the following founders and these Corp Dev lawyers spoke on the condition of anonymity..." would be an interesting one. But AFAICT at everything but Goliath scale, M&A was actually up over the period.

So as usual here we are with the epic showdown of Data and Vibes...and in an obvious landslide Vibes takes it home.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by api on Sunday August 03, 2025 @11:27AM (#44777232)
There’s a lot of people I’ve talked to who didn’t like Lina Khan not because of the Figma thing but because they thought she was having a chilling effect on acquisitions broadly.

The vast majority of startups will never IPO. Acquisition is the only viable exit. That’s because the bar for IPO has risen so high that only massive already incumbent unicorns can reach it. IPO isn’t a way to raise capital to compete. It’s a victory lap if you’ve won already.

Don’t know if this is actually true, that she was having this chilling effect. I am relaying a sentiment I’ve encountered.

Of course the other reason is tech-right echo chamber brain rot. People need to get off Xhitter. (Not a fan of doomer left anti tech brain rot either. There’s more than one kind of brain rot around.)

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @11:36AM (#44777288)
Yeah, I have heard that sentiment too. I've never heard so much as a second-hand anecdote that someone was on the track of an acquisition but got the vibe their 50 million dollar acquihire plus was going to just be too much trouble under an activist chairwoman though.

It seems to me that the same weaponization of binary tribal thinking in red/blue social stuff has a corollary in "entrepeneur / commie" oversimplification with about as much nuance.

Smart people get emotionally manipulated on every other kind of politics at the behest of the new oligarchs, why not this one?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by api on Sunday August 03, 2025 @12:12PM (#44777549)
I agree except the part about the new oligarchs doing the manipulating. I think they are manipulating themselves, sucked into these brain rot machines as much as anyone.

I heard a Thiel interview recently where he ranted about Greta Thunberg and the antichrist and used a bunch of very online Xhitter bubble terms like referring to low efficacy as “low-T” and I was like this guy needs to touch grass. It didn’t even make a lot of sense.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @12:27PM (#44777653)
That's funny in a dark way, especially it being Thiel given that this entire movement/era traces a clear intellectual and emotional lineage to his activism all the way back at least as far as his writing in the student libertarian rag at Stanford in like 94 (and apparently a childhood fixation with Quenta Silmarillien exceeding even my own).

Trapped in his own Intellectual Dark Web one might say.

Yeah, Greta Thurnburg is making the frogs "low-T". What a bunch of fucking losers.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by malfist on Sunday August 03, 2025 @12:31PM (#44777683)
It's never made sense for me (as a gay man) how a gay man could get sucked into the fringe alt right manosphere. That whole ecosystem is antithetical to you
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @12:36PM (#44777746)
I mean, these people aren't well my guy. It's not a huge stretch to imagine a bunch of repressed self-loathing around one's identity being at or near the core of it.

Thiel grew up in the 90s. Whatever one deems the tolerance situation today, it was worse then.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by joe5150 on Sunday August 03, 2025 @03:12PM (#44778901)
More like the 80s but true. Also maybe worth remembering that Thiel was outed by Gawker. He didn't come out as gay of his own volition and perhaps never would have.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by assword on Sunday August 03, 2025 @03:14PM (#44778921)
I’m still waiting on him to pull a Milo Yiannopoulos and no longer be gay. His flirting with “libertarianism” already gives him a solid track record.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @05:17PM (#44779900)
It makes perfect sense if you think about it from Thiel's perspective. Other than legal technicalities like marriage, the consequences of being gay are mainly determined by societal attitudes and not electoral politics. No legal changes that the Republicans would make do anything to stop a powerful billionaire from being openly gay. So it makes perfect sense that he would favor his business interests when he takes sides in politics.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Sunday August 03, 2025 @02:04PM (#44778407)
It just happened with Windsurf and Google.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @02:20PM (#44778519)
Windsurf getting "bought" such that the employees got nothing is a great recent example of why you want Lina Khan seeing to it that a healthy and well-regulated M&A market is in effect. That's precisely the kind of lowbrow shit you can thank her bought and paid for successors for bringing you the next decade's worth of.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @02:38PM (#44778649)
So now you think the government should stop companies from hiring people?

Isn’t that the sane thing we (rightfully) criticized Apple, Google, Adobe and a few other companies for doing in the Jobs era when they had an anti poaching agreement?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Sunday August 03, 2025 @07:41PM (#44780791)
> So now you think the government should stop companies from hiring people?

What do you mean "now"? That's a major part of what it means to regulate acquisitions. So yes they should continue to regulate this extremely narrow slice of hiring.

> Isn’t that the same thing

Only if we oversimplify the scenario all the way down to "hiring".

And if we do that, there's thousands of laws that prevent hiring people in all sorts of situations.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @07:48PM (#44780824)
It wasn’t an acquisition - Google offered the employees they wanted a shit ton of cash to leave.

What laws keep companies from hiring people they want to hire who are legally allowed to work in the country?

This is exactly what Google did, it hired employees.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Sunday August 03, 2025 @08:14PM (#44780984)
This wasn't an acquisition, but it was really close to one. Whether or not the laws cover it right now, expanding acquisition laws into hiring out the core of a company would not be a big expansion. It wouldn't be a sea change in what types of hiring the FTC has control over.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @08:28PM (#44781063)
So now you want companies to seek government approval before they can hire a certain number of people from a company? What if Google wanted to hire me and 3 buddies from our startup but didn’t want to hire the secretary or more realistically they only needed the backend developers. But didn’t care about hiring the web developer?

Who exactly does that benefit? Not the employees. Maybe the investors? Do you really want the government to restrict who can be hired from a company or better yet, whether employees can accept better offers from another company? That’s only the other side of the coin of restricting employee movement based on non competes.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Sunday August 03, 2025 @09:11PM (#44781247)
> seek government approval before

There's a neighboring comment that used almost the exact same wording that I already replied to.

In short: No.

> What if Google wanted to hire me and 3 buddies from our startup but didn’t want to hire the secretary or more realistically they only needed the backend developers. But didn’t care about hiring the web developer?

Is your startup like 10 people? Worth much less than a billion dollars? Then it's not big enough to be a problem.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by raw_anon_1111 on Sunday August 03, 2025 @10:26PM (#44781592)
So what laws do you suggest that the government pass that both stop Google from offering me a highly skilled and sought after AI professional (not really, we are speaking hypothetically) or my team and don’t suppress my ability to make as much money as the market will give me?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Monday August 04, 2025 @01:54AM (#44782493)
They can give just you a job at any time.

But if it's the entire team, and that team is the backbone of a company, and acquiring that company would be blocked by the government, all three of those things, then your income is already being suppressed by not allowing acquisitions. Sorry about that, but the extra boost you'd get during monopoly forming would only be temporary anyway. In the long term it's better for both employees and customers to avoid too much consolidation. Extending that rule to stop team buyouts will have almost no effect on the status quo. It's allowing the team buyouts that could potentially change the status quo, and it would be a change for the worse.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Monday August 04, 2025 @02:16AM (#44782579)
So they just give me a job as the leader, then other people want to follow. Is it them illegal for Google to offer other former coworkers a job? Isn’t that kind of like the “Prisoner’s Dilemma”?

So exactly how does a Google “monopoly” (which definitely doesn’t exist in AI if anywhere), harm customers? And would I as a potential employee better off or worse off?

Am I paying more for search today because of the monopoly? Am I paying more for any of the free stuff that Google has because of advertising (that I block anyway)?

In other words, you do want the government to force employees to stay at a company when they could get a better offer?

Isn’t that what we wanted to prevent with outlawing non competes?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Monday August 04, 2025 @03:07AM (#44782838)
Just offering normal jobs would generally be fine, doing a big group deal that also comes with IP licensing would generally not be fine.

I'm not going to try to give you the exact line.

> In other words, you do want the government to force employees to stay at a company when they could get a better offer?

> Isn’t that what we wanted to prevent with outlawing non competes?

That's way too general. You could use that same argument to say acquisitions should never be blocked.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Monday August 04, 2025 @03:29PM (#44790386)
So the law is now that they can’t license the technology to companies that higher former employees?

You don’t see what kind of Kafkaesque mess these proposed laws are creating?

Who are we benefiting again?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Monday August 04, 2025 @04:33PM (#44791028)
The benefit is the same kind as from blocking a very small fraction of acquisitions. If you don't think the existing rules there are kafkaesque, then the small expansion shouldn't be a huge change. If you do, I'm not the person to argue with.

And these rules would very rarely come into effect.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Monday August 04, 2025 @04:41PM (#44791103)
It’s the same for who? The employees? The company that is not allowed to make money by licensing it technology?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Monday August 04, 2025 @05:18PM (#44791472)
If you don't understand why acquisitions might be blocked and the benefit of it then I'm not going to be the one to explain it.

I'm not here to defend the entire edifice of the FTC having control over acquisitions. I'm here to say that when they have that control, it should also include almost-but-not-quite-acquisitions.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Monday August 04, 2025 @05:25PM (#44791541)
But you aren’t arguing about acquisitions. You are specifically saying that a company shouldn’t be allowed to license IP, shouldn’t be allowed to acquire the company and shouldn’t be allowed to hire the employees or some combination.

You specifically said that in some cases if a company hired employees it should then be prevented from licensing the technology

And still haven’t given a good reason why it shouldn’t.

The “bad” acquisition is usually considered Instagram . But who cares if a toxic social media site acquires another one? Who was harmed?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Monday August 04, 2025 @05:34PM (#44791621)
I'm saying that what google did is effectively an acquisition except it broke the equity and it avoided regulation.

You keep making examples that are less clear-cut, but whatever I agree there are things a company can do that aren't effectively acquisitions. I'm not saying how to write the rule, I'm just saying google is on the wrong side.

> You are specifically saying that a company shouldn’t be allowed to license IP, shouldn’t be allowed to acquire the company and shouldn’t be allowed to hire the employees or some combination.

They're totally allowed to acquire the company... as long as the FTC doesn't say no. And they can do lots of those other things too.

I don't know how you got the impression that I think acquisitions should be blocked more than a fraction of a percent of the time.

Even further, google SHOULD have acquired the company instead of doing what they did.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Tuesday August 05, 2025 @11:27AM (#44799261)
The FTC caused this issue with over regulation and by creating an environment of fear that every acquisition is going to be scrutinized.

Google had no fiduciary duty to do what’s in the best interest of WindSurf’s investors.

Google had every right to give the WindSurf employees offers to leave. The employees had every right to accept the offers. There is no world where the government should have been involved in that part.

At that point, the Windsurf equity owners had two choices - either not license or license.

Which part should have been illegal? The FTC could have said “Google you can’t both get the employees and license the IP”. Google would have said “fine, we will just hire the talent and have them create something similar”. Windsurf would have been worse off.

Alternatively, Google could license the technology. Then the employees could say I would rather just work for Google. Would you then be okay with enforcing non competes even though they are currently illegal in California?

There is no law that you can come up with that doesn’t make it worse for both the employees and Windsurf.

We actually saw something like that happen between Microsoft and OpenAI during the Altman fiasco. Microsoft had already licensed the technology and Altman was going to go to Microsoft and take OpenAI’s best people with him. Should the government have stepped in then and told Microsoft they can’t hire OpenAI employees?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Tuesday August 05, 2025 @02:27PM (#44802166)
> The FTC caused this issue with over regulation and by creating an environment of fear that every acquisition is going to be scrutinized.

Ridiculous. They intervene so rarely, even at the peak.

> Which part should have been illegal?

Not my problem to solve. Ever heard of "structuring" though? It's not unsolvable.

> There is no law that you can come up with that doesn’t make it worse for both the employees and Windsurf.

If doing an actual acquisition would have been allowed, that would have been better for them.

If it wouldn't have been allowed, then yes the hypothetical law is worse for them but it's an acceptable loss. Sorry you can't use a workaround to get the benefit of an illegal deal.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Tuesday August 05, 2025 @03:17PM (#44802890)
You still didn’t answer the question. Do you want to make it illegal for:

1. Google to hire the employees and force the employees to stay at the company and how?

2. Google to be able to hire the employees and then Windsurf not be allowed to license their IP to a company who is willing to give them a bunch of money?

The reason that this shit show happened in the first place is because overzealous lawmakers and regulators put policies in place without thinking through the consequences.

What exact policies and guidelines should they put in place?

Or in Figma/Adobe’s case. What if Adobe just said, Forget it, we will pay all of the developers we want a shit ton of money (less than $20 billion) to rebuild the entire application from scratch and leave the auxiliary staff behind. Would you also outlaw that?

In the current political environment, the best way to get FTC to approve a merger is to bribe the President (see Paramount). The way to make sure it doesn’t get approved is to do something the President doesn’t like. Do you really want to give this government mire power?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Tuesday August 05, 2025 @04:20PM (#44803733)
> You still didn’t answer the question. Do you want to make it illegal for:

Perhaps telling Google they can do one or the other but not both. Or not both unless they want to treat it like an acquisition.

Again I'm taking it as a given that it's fine to restrict company actions. If you dislike that entire concept then take it up with the people that put FTC in charge of acquisitions, not me. Not every willing transaction should be legal.

> The reason that this shit show happened in the first place is because overzealous lawmakers and regulators put policies in place without thinking through the consequences.

Only if they allow this to succeed. If they slap it down then no company will attempt it again. They'll just file for acquisition.

> What exact policies and guidelines should they put in place?

I refuse. You're asking an unreasonable amount of detail from me.

> Figma/Adobe’s case

If they want to make individual job offers and not try to negotiate group things or talk to figma at all then they can go ahead and try.

I'd be surprised if they didn't already do that.

> In the current political environment, the best way to get FTC to approve a merger is to bribe the President (see Paramount). The way to make sure it doesn’t get approved is to do something the President doesn’t like. Do you really want to give this government mire power?

Even with the risk of corruption I prefer regulating acquisitions to allowing everything.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @08:38PM (#44781104)
It's not about restrictions on hiring, you keep repeating that even though no one has advanced that proposal in the whole thread. You have absolutely crushed that strawman argument, congratulations.

It's about the property rights or lack thereof attached to "equity" in a company: a much fuzzier area with much less clear established stare decis: companies very rarely litigate such cases, it's an area that has historically been kept out of the courts for the most part because for the most part it has been in everyone's interests to keep the wheels greased on this (you'll notice old school VCs like Khosla are against fucking around in it in public forums).

Everyone would agree that if a giant public company sold itself to the CEO's cousin for a handful of glass beads and declared the existing shares worthless, that would be flat illegal. At the other end of the spectrum we have startup stock options and RSUs and shit, much less negotiable. But the unwritten contract has pretty much always been roughly "if anyone gets rich, everyone gets something".

If the trend becomes to just dissolve a startup the minute its worth anything and immediately partition it into exactly the pieces a giant company wants and zero out everyone else, this will have a massively destabilizing effect on a historical engine of innovation (see: OGs are against it on Twitter).

And if the Valley can't figure it out in the family? Then we can dust off the law books, because the courts and regulators and maybe legislators will have to get involved.

Stop talking about the government restricting hiring, no one said that.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by raw_anon_1111 on Sunday August 03, 2025 @09:18PM (#44781280)
The government caused the problem in the first place by making it harder for big companies to acquire smaller companies.

> It's about the property rights or lack thereof attached to "equity"

An employer has never had “property rights” to decide where I can and can’t work.

> Everyone would agree that if a giant public company sold itself to the CEO's cousin for a handful of glass beads and declared the existing shares worthless, that would be flat illegal

The CEO while working for the company has a fiduciary responsibility to the company. But doesn’t have the responsibility not to leave if another company offers it more money or if other employees that like the CEO, they are free to reach out to the CEO and leave too.

> At the other end of the spectrum we have startup stock options and RSUs and shit, much less negotiable. But the unwritten contract has pretty much always been roughly "if anyone gets rich, everyone gets something".

“Equity” in startups have always statistically been fools gold between dilution, preferred shares, etc.

> But the unwritten contract has pretty much always been roughly "if anyone gets rich, everyone gets something"*

See previous comments about only the naive or true believers (but I repeat myself they are one in the same) are naive enough to believe in anything promised or implied by startups more than you will get paid X amount in cash for hours you work (and sometimes not even that).

> And if the Valley can't figure it out in the family? Then we can dust off the law books, because the courts and regulators and maybe legislators will have to get involved.

So the solution is for the government to pass more laws to fix the problems that the regulations it already put in place caused?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @10:58PM (#44781739)
The property rights in question are the rights of the people who hold equity in the company. The legally unclear part because of inadequate precedent to know how a given case would be adjudicated in a given jurisdiction is what exactly "equity" means in the context of employee ownership in a technology startup (which gets different treatment of e.g. taxes and amortization schedules, "tech" is treated differently by the law in some ways that are crystal clear and in other ways that are less clear).

No one has proposed that anyone be barred from taking an offer of employment (that I've seen and interpreted that way anyways), that would be extremely unpopular with just about everyone.

What people are talking about is whether or not founders and VCs can de facto sell a company in terms of the real assets that people care about without distributing the proceeds to shareholders via a legal fiction that the one company disappeared (was written down or otherwise disposed of) and tada over here some job offers and other compensation appeared in just that amount but for a different group of people.

This is a plot device in the Sorkin film about Facebook. They're in Thiel's office getting the new investment and the numbers guy is like "we're going to get you clean paperwork in Delaware" and Thiel looks up: "So who, exactly, is Eduardo Saverin?" I very much doubt the movie was a terribly accurate portrayal, but that's the TLDR for lay people: one company vanishes, another appears with the same assets, but different ownership.

Trying to make this about the federal government telling people they can't work for Google is bad faith. Stop with that shit.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Sunday August 03, 2025 @11:04PM (#44781777)
The founders are employees too. Should they not be allowed to leave a company because they are founders? The entire scenario is that the investors aren’t getting anything because the company isn’t being acquired and the employees are being “poached”.

The founders are making the choice that their equity in the company is worth less (not worthless) than the offer they are getting from their new employee.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Monday August 04, 2025 @12:02AM (#44782019)
In the hypothetical lawsuit the damages would be money, the defendants would be the founders and investors, and the plantiffs would be employees with grants that got written down. No one knows how such a lawsuit would play out because it hasn't happened and looks unlikely to.

For the fucking hard of thinking: it would not be about an injunction against the founders being able to work at Google. It would be about them owing money to former employees.

Enough with this, it's trolling at this point.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Monday August 04, 2025 @12:23AM (#44782110)
Okay, so I am founder of the company, I get VC funding. But I’m not “rich” by any means since I only have the play play wealth based on illiquid “equity”. I may not even have control over the company any more after much dilution.

I get an offer from Google where I am now making real money and have liquid RSUs coming. You think other employees should have the right to sue me because I left the company for a better offer?

The investors aren’t getting anything, in this case Google didn’t acquire the company, they hired the employees. Why would the investors be sued because employees left?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @05:10PM (#44779850)
No, it really isn't. It's not remotely the FTCs job to regulate that type of thing, and I really don't think you would want it to be. Would you rather have a system where competing companies have to get government approval before extending offers to you? You know who would love that system? Google.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Sunday August 03, 2025 @07:38PM (#44780778)
> have to get government approval before

That is not the only form of regulation, and not the form that would be applied here. This would be after the fact, going after companies that try to pull things like this.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @10:19PM (#44781556)
But companies should be able to pull things like this. If a company isn't paying market rate I see no problem with a competitor destroying it by hiring away all its best employees.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Monday August 04, 2025 @02:00AM (#44782514)
If a competitor gets too big and is using its money to remove competition before it can be challenged, that's a problem.

In normal competitive situations this rule wouldn't apply. If one company wants the assets and employees of another company they can go ahead and buy it. And any company can offer better jobs as plain old jobs. The negotiation here was not just some high end job openings.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Monday August 04, 2025 @02:54AM (#44782785)
There was no world where Windsurf was going to challenge Google and the same is true for the examples.

These were regular old job offers. At any time, any of the employees could have stayed at Windsurf instead of taking a lot more money from Google.

Google didn’t want the “assets”. Google wanted the people. Even then they only wanted the best people.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Monday August 04, 2025 @03:08AM (#44782842)
> These were regular old job offers.

They were not.

> Google didn’t want the “assets”.

They paid 2.4 billion in licensing fees. Or something like that, looks like part of that was special structured not a regular old job offer money.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by aprilthird2021 on Sunday August 03, 2025 @09:01PM (#44781203)
You think Google could have but didn't acquire Windsurf, and instead hired away the top talent and discarded the rest because of regulatory scrutiny?

Is there any proof of this at all?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by mulmen on Sunday August 03, 2025 @01:51PM (#44778302)
> The vast majority of startups will never IPO. Acquisition is the only viable exit.

Or you could run the business profitably and not exit at all.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by edoceo on Sunday August 03, 2025 @06:31PM (#44780399)
Hard to raise money with that plan. The VC world wants the 10x. Difference between SME and Startup.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by holmesworcester on Sunday August 03, 2025 @10:51AM (#44776957)
One way to settle the question of whether Khan is right would be for the government to simply make competing offers in these situations, buy the companies, and shepherd them to IPO, or a buyer with fewer antitrust issues if that's not possible.

If the government is net ahead after a decade or so, then we'd know.

This approach to antitrust wouldn't work in cases like the Apple case, where the power is worth it to the company only because they can misuse it, but it would be a very fair and accounting-transparent remedy for the "startup gets bought by competitor" case.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by theptip on Sunday August 03, 2025 @10:57AM (#44776991)
This is a terrible idea. The government should not be in the business of buying large pre-IPO companies.

There is no need to bikeshed a new solution here. Antitrust law solves this just fine, as exemplified by this case.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @10:59AM (#44777012)
We've got an awful lot of history on the periods in which serious regulators without perverse incentives attached to revolving door industry jobs competently and diligently refereed markets, and when big business has been successful in achieving what I downthread called "Goldilocks" regulation: just enough friction to new entrants, plenty of pliant former and future employees doing regulation in the interests of the established players.

We've got a lot of history on what happens when technology is acknowledged as a natural monopoly and guided through it's development, evolution, and dissemination through society for the global welfare: that's the entire 20th century friend: the transistor, the Internet, the laser, fucking Velcro.

We're living through a time when that treasure trove of public wealth (paid for by taxpayers) is getting captured up by a caricature of gilded age kleptocracy at the front row of the fucking Inaugeration.

We know what the outcomes are. I don't know why people who hang out on Hacker News are fighting the data on this tooth and nail. Maybe it's because Trump threw her out, maybe it's because they own a bunch of NVIDIA stock and like the status quo, I don't know.

The outcomes are not in fucking dispute in this case or the macro situation.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by api on Sunday August 03, 2025 @11:28AM (#44777238)
Terrible terrible idea with incredible potential for corruption and theft of public funds.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by dabedee on Sunday August 03, 2025 @12:29PM (#44777671)
I think you're hitting the real divide here. Some people are so ideologically opposed to any regulatory intervention that they can't admit when it works, even when the evidence is staring them in the face. Also notable [0]: "[...] in any given year, we see up to 3,000 merger filings that get reported to us. Around 2% of those actually get a second look by the government, so you have 98% of all deals that, for the most part, are going through. Around 2% of those actually get a second look by the government, so you have 98% of all deals that, for the most part, are going through." The FTC wasn't blocking everything, just the deals that would entrench monopolies.

[0] https://techcrunch.com/2024/06/15/ftc-chair-lina-khan-on-sta...

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @12:43PM (#44777814)
Yeah I think you're right. It's a sad commentary on the times when a group of people so far above average in caring about outcomes and data just go completely lizard brain in a way that comes out of their own paychecks.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Sunday August 03, 2025 @02:02PM (#44778396)
So now the monopolies are just hiring away all of the people they want from the startup and leaving the company as a shell of its former self - leaving both investors and the employees left behind high and dry.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by assword on Sunday August 03, 2025 @03:11PM (#44778897)
> So now the monopolies are just hiring away all of the people they want from the startup and leaving the company as a shell of its former self

I thought they were dumping everyone at the moment. Unless you’re an AI researcher.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Sunday August 03, 2025 @03:27PM (#44779010)
And notice who gets hired…

That means if there are 10 developer - 7 working on the product and 3 working on the fundamental AI problem, those 7 aren’t going to be left (the company didn’t want the product anyway) and the 3 researchers are going to be hired.

Something similar happened with Google and Windsurf. So who benefited from the anti acquisition mood of the previous FTC? Not most of the employees who could have made more just working for a public company in the first place and not even the investors.

Google accomplished the same thing with less red tape and didn’t have to hire the people they didn’t want.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by triceratops on Sunday August 03, 2025 @02:27PM (#44778565)
If it keeps up, it's only a matter of time before startups stop being able to hire top talent.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @02:41PM (#44778682)
Most startup hiring has always been a scam for the idealistic where people would be better off statistically by just working for a publicly traded tech company that put RSUs in your brokerage account that you could immediately sell (and should) diversify once you are vested.

In my latter years of my career, I’ve been offered “great opportunities” at a startup that paid less in cash for more responsibilities than I was making as a mid level employee (cash + RSUs) at BigTech when I was there.

Of course they promised “equity” that was illiquid and probably would have been worthless.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @02:14PM (#44778479)
A very self-regulating little arbitrage, because the investors and the monopolies are in the process of merging themselves. This is the part most people seem unwilling to accept: these rich guys are dumb man. When you organize your whole society around rich kids having advantages it only takes a couple of decades before they're all just bad at their jobs.

This mafia capitalism isn't even good for the capitalists! They just can't get it together on a sustainable system!

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by ethbr1 on Sunday August 03, 2025 @05:44PM (#44780099)
The under appreciated drag is which is statistically more likely to be talented?

1. Someone from a wealthy / connected family

2. Someone who scrambled to the top of 100,000 other people

Folks can argue good schools, etc. all they want, but proven ability and drive to outcompete others should be a heavy counter argument against nepotism of all sorts.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by jbothma on Sunday August 03, 2025 @02:05PM (#44778419)
Any evidence of that?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @02:17PM (#44778494)
Probably talking about character.ai and a few similar cases. It's not the trend GP is making it out to be.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @02:19PM (#44778509)
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @02:18PM (#44778501)
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @02:27PM (#44778568)
Listen, I think its bullshit what happened to the Windsurf people. And I'm happy that the Figma people didnt get crammed down with some scam ass preference assplay.

But blaming Lina Khan for the crime orgy that started the minute she was forced out is silly.

Go stick that blade where it belongs. I'll help any way I can.

https://youtu.be/pDaELkYEC_g

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Sunday August 03, 2025 @07:10PM (#44780611)
I’m sure the employees who Google hired don’t feel at all “crammed”.

The only reason they took this route instead of an acquisition is because of the current regulator environment.

But the current VP was a huge fan of Khan.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by trhway on Sunday August 03, 2025 @04:32PM (#44779512)
>Google and Windsurf >https://techcrunch.com/2025/08/01/more-details-emerge-on-how...

that looks strange to me to say the least - a company A's leadership leases completely away the company A's IP to a company B while at the same time getting fat employment offers from the same company B. If it were in Russia i'd say it is a bribe/kickback while in US it looks suspiciously like a huge conflict of interests. How no regulatory agency looked into that...

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @07:21PM (#44780673)
Huge conflict of interest for who? It was a private company who only had a fiduciary responsibility to its investors and the employees themselves had no responsibilities to refuse a better offer from a competitor.

There was a whole stink in 2010 about all of the major tech companies agreeing to not poach other companies’ employees and suppressing wages.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by trhway on Sunday August 03, 2025 @07:41PM (#44780794)
>the employees themselves had no responsibilities to refuse a better offer from a competitor

actually they have such a responsibility - if the offer in any way connected (or may be perceived as such) with a deal in which the employee is representing its current employer. The same reason why the President can't take expensive gifts from foreign powers for example ...

>There was a whole stink in 2010 about all of the major tech companies agreeing to not poach other companies’ employees and suppressing wages.

that has no relation to the current discussion.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @07:54PM (#44780870)
I am well aware of anti poaching agreements between partners or consulting agencies and clients. I am currently working for a consulting company (full time) and in the past I was an employee at AWS ProServe.

The contract states you can’t solicit employees under that arrangement. But either side’s employees are free to proactively outreach.

I’m not referring to “consulting companies” that are basically doing staff augmentation.

Neither is the case here

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by trhway on Sunday August 03, 2025 @08:09PM (#44780960)
It isn't about poaching. It is about how vigorously you'd be protecting the interests of your company A in a deal with company B when simultaneously negotiating your personal offer with the company B, especially if it is [even if just implicitly] packaged together i.e. "the offer happens only if the deal happens." You don't see a conflict of interests here?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by raw_anon_1111 on Sunday August 03, 2025 @09:24PM (#44781306)
There is no evidence that any of these companies had contracts with the acquiring companies before reaching out to the employees.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Sunday August 03, 2025 @05:29PM (#44779998)
> So now the monopolies are just hiring away all of the people they want from the startup and leaving the company as a shell of its former self - leaving both investors and the employees left behind high and dry.

If this was a viable strategy then they would have just done it regardless, right?

Meanwhile the solution to that is to break up the monopolies to begin with. You don't have trillion dollar companies monopolizing the labor pool if you don't have trillion dollar companies.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Sunday August 03, 2025 @07:09PM (#44780605)
Yes because you don’t like companies being able to pay people more money?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Sunday August 03, 2025 @07:30PM (#44780727)
Companies get money from workers (i.e. customers), pay some back to workers (employees), and keep the rest as profit (or waste it on some kind of bureaucratic inefficiency). Workers can get more money by either paying less as customers or getting paid more as employees.

Monopolies screw them on both ends. Customers pay more because there are fewer suppliers, and then employees make less because there is less competition for hiring which also makes it easier for the large employers to coordinate non-poaching agreements.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Sunday August 03, 2025 @07:50PM (#44780842)
The fact is though in this scenario Google paid the employees more and in what tech area is Google a “monopoly”?

The fact that Google did “poach” employees means that there wasn’t an agreement not to.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Sunday August 03, 2025 @08:18PM (#44781012)
In a market where there are only a small handful of incumbents and then a bunch of precarious cash-strapped startups, the incumbents collude with each other so that they only have to outbid the startups. The startups, meanwhile, are at a disadvantage because e.g. the incumbents control search engine rankings or app distribution channels, which lowers their competitiveness and therefore the amount they can afford pay to employees in competition with the incumbents. The incumbents are then the high bidder even while offering something less than they would have had to in the alternative.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by raw_anon_1111 on Sunday August 03, 2025 @09:21PM (#44781294)
The startups in question weren’t building apps or advertising on Google. The entire reason most startups exist is to get acquired or acquire hired.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Monday August 04, 2025 @06:23AM (#44783945)
Maybe that has something to do with the incumbents (and the laws) making it hard for them to build a sustainable independent new business.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by scarface_74 on Monday August 04, 2025 @01:46PM (#44789140)
So in what world are startups going to have the funding or the infrastructure to have warehouses worldwide to compete with Amazon or servers to compete with AWS?

Or in Google’s case the infrastructure to design custom processors with the demand to actually buy enough slots from TSMC to make it affordable?

You can’t make laws to undue scale efficiencies. A startup isn’t going to make a phone in their garage to compete with Apple no matter what magically thinking they have about the government passing laws.

Most startups can’t even pay the wages of a mid level employee at BigTech company that has been out of school for three years.

Just like any other industry, if a startup can’t afford the free market price of labor, that’s a them problem.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Monday August 04, 2025 @07:01PM (#44792311)
> So in what world are startups going to have the funding or the infrastructure to have warehouses worldwide to compete with Amazon or servers to compete with AWS?

In a competitive market you don't have that. Instead of a massive conglomerate having a warehouse in every region, Alice, Bob and Carol each have a warehouse near New York, Dan, Erin and Frank have one near Houston, etc., and then a dozen independent aggregators each negotiate with a warehouse in each region to store goods for anyone who wants to offer fast delivery everywhere.

Meanwhile doing that, whether you're Amazon or not, is inefficient for anything that doesn't need to be delivered on short notice. If you have a recurring subscription to get a box of toiletries every month, it doesn't matter if it arrives on the 17th because they mailed it from a local warehouse on the 16th or a centralized warehouse on the 10th, and delivery companies offer discounts if you palletize shipments based on region even if they come from a central location, which removes the cost of having local warehouses for those regions.

> Or in Google’s case the infrastructure to design custom processors with the demand to actually buy enough slots from TSMC to make it affordable?

If there is aggregate demand for those processors then you sell them to the other people who want them regardless of whether they're within the same corporation, and then they don't have to be.

> You can’t make laws to undue scale efficiencies. A startup isn’t going to make a phone in their garage to compete with Apple no matter what magically thinking they have about the government passing laws.

The defect is in expecting one entity to make the entire phone.

One company makes a screen, one makes a battery, one designs a processor, another fabs it, another makes memory, another makes the OS (or it's open source), another lays out the system board to integrate the various components, another does final assembly, etc.

When you don't require the whole thing to be done under the same umbrella it doesn't take a trillion dollar company to do any given piece.

> Most startups can’t even pay the wages of a mid level employee at BigTech company that has been out of school for three years.

Suppose phone components were easily available as a fungible commodity, and had standardized interfaces so that integrating them was only a modest amount of work, i.e. a year of effort for a full-time engineer. Then you get a phone which sells as an also-ran -- a million units a year for three years, less than 0.5% of Apple's sales volume. The phone sells for $250, less than the cheapest new iPhone, and 0.5% of the retail price goes to pay the engineer.

Then they'd be making $3.75M for that year of work. Those numbers could be off by 10 fold and still be a competitive salary.

Except that the market is too concentrated and the standards don't exist, which means it's not that easy as things are now.

> Just like any other industry, if a startup can’t afford the free market price of labor, that’s a them problem.

The issue is, is it a free market, or a captured one?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Monday August 11, 2025 @01:33PM (#44866993)
Everything you suggested gives customers a worse user experience - see Android vs iOS and Windows vs Macs - and higher prices because each component in the chain needs to make a profit and slower product cycles than when one company can offer an integrated experience.

If I want a regionally redundant infrastructure do I now have to negotiate with multiple companies in a region (multi AZ) and multiple regions? Do I have to negotiate with thousands of Points of preference for my CDN?

Do all of these companies who want their own TPUs have to negotiate with TSMC?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Monday August 11, 2025 @05:16PM (#44869563)
> Everything you suggested gives customers a worse user experience - see Android vs iOS and Windows vs Macs - and higher prices because each component in the chain needs to make a profit and slower product cycles than when one company can offer an integrated experience.

None of that is true and the impression only comes about because concentrated markets create a small sample size and Microsoft and Google in particular care less about user experience than Apple.

Putting aside things like third party support (which come from incumbency and scale rather than design choices), which desktop operating system has the best user experience: Windows, macOS, or Linux? It's Linux by a hair, then macOS, with Windows a mile behind either of them. Which doesn't make any sense if vertical integration is a huge advantage, but makes perfect sense if specifically Microsoft sucks and being insulated from real competition allows them to.

"Each company has to make a margin" doesn't increase costs whatsoever because each company only gets the margin on the part they're doing. If the RAM has a net production cost of $20 and the flash is $25 and they're both made by the same company with a 10% margin then the total cost is $45 + 10%. If they're made by two different companies then one costs $20 + 10%, the other costs $25 + 10% and the total is still $45 + 10%.

And the same is true for steps that happen in series rather than in parallel, because margins aren't a fixed percentage, they're the amount you can get away with before the customer goes to a competitor, which in a competitive market is related to the cost of production + cost of capital. Having a combined retailer and wholesaler means the combined entity then has combined costs -- the "retailer" has to negotiate with manufacturers and the "wholesaler" has to operate retail stores, and therefore needs both margins to operate.

Meanwhile market consolidation is the thing that actually increases prices, because the lack of competition is what allows the supplier to increase their margins without losing business to competitors.

> If I want a regionally redundant infrastructure do I now have to negotiate with multiple companies in a region (multi AZ) and multiple regions? Do I have to negotiate with thousands of Points of preference for my CDN?

If you want a cart full of groceries, do you have to negotiate with hundreds of orange groves and chicken farms? No, supermarkets do that and then you go to any of the numerous supermarkets to get your groceries. That doesn't require the supermarkets to own the orange groves or chicken farms.

> Do all of these companies who want their own TPUs have to negotiate with TSMC?

Do all of the companies that want their own GPUs have to negotiate with TSMC? No, AMD/nVidia/Broadcom/NeoMagic/Qualcomm/etc. negotiates with TSMC/Samsung/GlobalFoundries/Intel/etc. and then you buy a GPU from a GPU company instead of the GPU/TPU customer needing to design their own GPU/TPU.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Monday August 11, 2025 @06:03PM (#44869977)
> None of that is true and the impression only comes about because concentrated markets create a small sample size and Microsoft and Google in particular care less about user experience than Apple.

Let’s look at the set top box market and integrated smart TV OS. There is Roku, Amazon, Samsung and LG off the top of my head. All of them suck compared to the AppleTV and use cheaper hardware.

Android OEMs have been customizing Android for years and they are all worse than either Apple or even stock Android.

In the PC market which was commoditized like you want, have you seen the crap the OEMs do to their computers when left to their own devices?

> Putting aside things like third party support..

“Other than that, how was the play Mrs. Lincoln?”

> It's Linux by a hair, then macOS, with Windows a mile behind either of them.

Did I somehow miss “the year of Linux on the desktop”?

User experience means for me - long battery life, runs cool, app availability, integrates well with my other devices, runs quietly.

> doesn't increase costs whatsoever because each company only gets the margin on the part they're doing. If the RAM has a net production cost of $20 and the flash is $25 and they're both made by the same company with a 10% margin then the total cost is $45 + 10%. If they're made by two different companies then one costs $20 + 10%, the other costs $25 + 10% and the total is still $45 + 10%.

That makes absolutely no sense mathematically.

> If you want a cart full of groceries, do you have to negotiate with hundreds of orange groves and chicken farms? No, supermarkets do that and then you go to any of the numerous supermarkets to get your groceries. That doesn't require the supermarkets to own the orange groves or chicken farms.

So you suggest I go through a middle man with their own markup?

Right now, I can with one text file of yaml or one CDK app create a globally redundant infrastructure with databases, VMs, queues, load balancers, a CDN, network infrastructure a cloud hosted call center (one of my specialties), storage (S3) and access 6-7 LLM’s all running on one set of infrastructure along with fast interconnects owned by one company.

And when I have a problem, I talk to one organization. Are you suggesting I should go through a third party now to do all of that? What do I gain?

> Do all of the companies that want their own GPUs have to negotiate with TSMC? No, AMD/nVidia/Broadcom/NeoMagic/Qualcomm/etc. negotiates with TSMC/Samsung/GlobalFoundries/Intel/etc. and then you buy a GPU from a GPU company instead of the GPU/TPU customer needing to design their own GPU/TPU.

And out of all those companies, who have top of the line mobile chips or desktop chips that are designed in conjunction with their hardware and have a good experience?

If you like commoditized phones and computers where dozens of manufacturers can choose what to pick up off the shelf, you are welcomed to buy a PC or Android device. Apple is in no shape form or fashion a monopoly in the mobile space or desktop space.

AWS is not a monopoly in cloud computing and devoutly doesn’t stop someone from using a Colo.

None of these big tech companies are hard to avoid.

It is fairly easy with around a quarter million of capital to start your own phone hardware business, fly to China and negotiate with ODMs (not a typo) and they will customize a run for you where you choose from one of their “platforms” and run your own version of AOSP.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Tuesday August 12, 2025 @06:06PM (#44882331)
> Let’s look at the set top box market and integrated smart TV OS. There is Roku, Amazon, Samsung and LG off the top of my head. All of them suck compared to the AppleTV and use cheaper hardware.

> Android OEMs have been customizing Android for years and they are all worse than either Apple or even stock Android

The thing you're objecting to here is the anti-competitive behavior. If the software it comes with is worse than stock Android then people should be replacing it with stock Android, or a community Android fork which is even better. Except that they're prevented from doing this by the OEM or Google, which is the anti-competitive thing that should be prohibited.

And isn't the hardware being cheaper the advantage? They're all fully capable of playing the video, so why would you want the device to cost more than necessary to perform its function?

> In the PC market which was commoditized like you want, have you seen the crap the OEMs do to their computers when left to their own devices?

The PC market has both OEMs that install crapware and those that don't. But they get paid to install crapware, which allows them to charge slightly less, and then because it's not a locked platform, you can remove it. Which means it can be to your advantage to take the discount and then remove the crapware rather than paying more, which makes that option popular. The option to pay slightly more for one that comes without it is also available.

That's the benefit of competition. You get to choose what you want.

> “Other than that, how was the play Mrs. Lincoln?”

Third party support comes from market share, which yields a massive incumbency advantage. The #1 and #2 desktop operating systems are both from companies founded in the 1970s.

Meanwhile Linux desktop market share is up to 5% this month, +40% YoY: https://www.reddit.com/r/linux/comments/1lpepvq/linux_breaks...

And unlike the long-term trend of that coming at the expense of Windows, this year it came at the expense of Apple.

Because the user experience is actually good and the market share is getting high enough that the third party support is getting better.

> User experience means for me - long battery life, runs cool, app availability, integrates well with my other devices, runs quietly.

Battery life, runs cool and runs quietly are all related hardware design trade offs. To make that happen you either need a low-power processor (low-performance or you need the latest fabrication process to get high performance at low power which is high-cost), or you need a big battery and heatsink to make a high-power processor quiet with long battery life, which adds weight.

None of that has anything to do with vertical integration. Apple is taking the trade-off in favor of high cost, but a competitive market gives you every one of those options and lets you choose. It also has Apple Silicon as a separate company whose chips are available in any device that wants to pay for them.

And "integrates well with my other devices" is the thing where you want open standards. Nobody has any trouble with Safari or Chrome "integrating" with nginx or apache even though they're made by independent entities. The problem only comes when some unrepentant oligopoly is trying to lock you into a specific ecosystem while you're trying to use devices from a different one, which is the thing that ought to get them in hot water.

> That makes absolutely no sense mathematically.

Are you actually disputing that ($20 x 1.10) + ($25 x 1.10) is the same total as ($20 + $25) x 1.10?

> So you suggest I go through a middle man with their own markup?

I feel like you're misunderstanding how markups work in a competitive market.

If a company is doing nothing of value and yet has no monopoly on anything, nobody patronizes them.

An aggregator is doing something of value. It's doing something that a vertically-integrated monopoly would be doing internally, but doing it as a separate entity. If that thing is made reasonably easy to do then lots of competitors offer aggregation services which keeps their margins thin because the customer will choose the one offering a reasonable level of service at the most competitive price.

Which makes the margin they can add less than the one the monopolist would, because unlike the monopolist, the company operating in a more competitive market can easily lose your business to a competitor if they try to charge more.

> And when I have a problem, I talk to one organization.

If you don't like the oranges you got from the supermarket then you talk to the supermarket rather than the orange grove. That still doesn't require them to be the same entity.

> Are you suggesting I should go through a third party now to do all of that? What do I gain?

You get a more competitive market and in turn more options and lower prices. If Google Cloud has TPUs and Amazon S3 has cheaper object storage then the aggregator offers you both from a single source and prevents you from getting locked into a single cloud. Meanwhile the aggregator itself has competitors which require them to keep their own margins thin.

> And out of all those companies, who have top of the line mobile chips or desktop chips that are designed in conjunction with their hardware and have a good experience?

The state of the market is poor because they're allowed to keep buying each other. New chip companies are formed that start to offer the things customers want and then Qualcomm or Broadcom buys them up. Apple is allowed to buy out all of TSMC's leading-edge fab capacity.

> If you like commoditized phones and computers where dozens of manufacturers can choose what to pick up off the shelf, you are welcomed to buy a PC or Android device.

Android isn't a real competitive market. It's captured by Google and has limited competition on the hardware side. In particular, the ability to run stock Android with a vanilla Linux kernel on a competitive phone is quite lacking.

> AWS is not a monopoly in cloud computing and devoutly doesn’t stop someone from using a Colo.

AWS is not a monopoly, but who was claiming that they were to begin with? They do some unsatisfying things to lock you into their platform if you make use of them, but computing infrastructure is a fairly competitive market in general.

It's iOS and Android that are the trouble.

> None of these big tech companies are hard to avoid.

What practical phone can I use that avoids both Google and Apple?

Even less than that, show me even a mid-range Android phone that can run the vanilla Linux kernel with in-tree drivers.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by JustExAWS on Wednesday August 13, 2025 @01:28AM (#44884920)
> If the software it comes with is worse than stock Android then people should be replacing it with stock Android, or a community Android fork which is even better. Except that they're prevented from doing this by the OEM or Google, which is the anti-competitive thing that should be prohibited.

So it’s anticompetitive when one company controls the whole stack and it’s anticompetitive when dozens of companies get parts from different parts makers (just as you suggested) and compete by differentiating?

They still run Google Play Services (outside of China).

> An aggregator is doing something of value. It's doing something that a vertically-integrated monopoly would be doing internally, but doing it as a separate entity. If that thing is made reasonably easy to do then lots of competitors offer aggregation services which keeps their margins thin because the customer will choose the one offering a reasonable level of service at the most competitive price.

And is that aggregator going to pay to lay their own internet connection worldwide? Are they going to have multi AZ storage that is redundant across 3 available zones? Are they going to integrate thousands of POPs to create a CDN?

And tell me again how are any of the cloud providers monopolies when the CEO of AWS said that only 10% of all IT spend is spent on all three cloud providers combined?

> If Google Cloud has TPUs and Amazon S3 has cheaper object storage then the aggregator offers you both from a single source and prevents you from getting locked into a single cloud

You have no idea how much trouble multi cloud is at scale do you? (Hint: I use to work at AWS ProServe doing large implementation and now I do it at a third party company). Have you thought about that whole issue of having your data on one provider and your processing on another provider instead of having them both in the same data center? That whole network latency is going to kill you. Not to mention compliance, security, etc.

You’re always “locked into your infrastructure at scale. I’ve seen it take years to move a large implementation thst was nothing but a bunch of VMs.

> Apple is allowed to buy out all of TSMC's leading-edge fab capacity.

So that’s why Intel is so far behind because of Apple? That’s why AMD had to give up manufacturing their own hardware? Nvidia has been dual sourcing between Samsung and TSMC for years and Tesla just announced they are using Samsung for manufacturing chips in the US. Not to mention there is still Global Foundaries.

> Android isn't a real competitive market. It's captured by Google and has limited competition on the hardware side. In particular, the ability to run stock Android with a vanilla Linux kernel on a competitive phone is quite lacking.

Tell that to all of the manufactures in China. HN is full of people who run De-Google’s Android. There are hundreds of Android manufacturers and the Google Pixel doesn’t exactly have a high market share.

> What practical phone can I use that avoids both Google and Apple? Even less than that, show me even a mid-range Android phone that can run the vanilla Linux kernel with in-tree drivers.

Ask all of the people on HN that run alternate de-Googled Android phones and the billions of people in China.

You yourself can fly over to China and work with ODMs and do a run of phones that they will both your own AOSP customization. I mean you may not be able to but a decently capitalized investor can. This is what some of those point of sales customized tablets do.

I use to work in field services where large companies did this.

> Meanwhile Linux desktop market share is up to 5% this month, +40% YoY:

You sound like every startup founder: “we increased our market share by 100% over the past year from .01% of the market to .02% of the market.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Sunday August 03, 2025 @05:49PM (#44780128)
> Some people are so ideologically opposed to any regulatory intervention that they can't admit when it works, even when the evidence is staring them in the face.

We have a problem where regulators are bad at their jobs most of the time, and then people develop the heuristic that all regulation is bad.

You need some rules to price major externalities. Not minor externalities, because regulatory overhead and enforcement are themselves externalities and it doesn't do any good to burn $1 in overhead to prevent $0.90 in some other cost. But you want a ban on leaded gasoline.

And you need antitrust rules, because "the market is more efficient" is fundamentally predicated on competitive markets. Real competition is the sine qua non of that actually working. Most government inefficiency is because the government is a monopoly, and private monopolies are just as bad.

The problem is politics breaks everyone's brains. One party says "regulation good" and the other side says "regulation bad" before either of them considers what the regulation actually does. And then you have one party promoting illiterate nonsense like price controls or justifying busybodies who want to micromanage things they don't even understand or trusting the government with mass surveillance data just because they're not a private company, and on the other side you have people with no objections to tying arrangements or companies with double-digit market share buying even more of their competitors.

"Everything should be made as simple as possible but no simpler." That last bit turns out to be kind of important.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @06:41PM (#44780454)
Your whole comment is good but I want to signal boost the most important point you made.

Private cartels are just bad governments with even less accountability or incentive to be efficient. Take the worst DMV office in the world and put it in charge of something way more important than license plates.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Sunday August 03, 2025 @07:46PM (#44780815)
> Private cartels are just bad governments with even less accountability or incentive to be efficient.

It's kind of six of one, half a dozen of the other. You can't vote out a monopolist, but unless there is a law against competing with them, there is a threshold for how bad they can get before somebody actually does. The problem is that threshold can be way past the point of anywhere you want to be.

Whereas governments can get even worse because if you resist their unreasonableness they declare you a criminal and resort to violence and you can't go to the police because they are the police. Voting can mitigate this, but there are governments without democracy, democratic governments that are structurally insulated from accountability in practice (see US incumbency rate and Congress abdicating its role to unelected regulatory bureaucrats), and even in a pure direct democracy you still have two wolves and a sheep voting on what's for dinner.

What you want is neither of these things.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by thayne on Sunday August 03, 2025 @09:58PM (#44781445)
> but unless there is a law against competing with them

Ah, but that is why the monopoly uses its considerable resources to lobby passing laws that at least make it more difficult for someone to compete with them.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Monday August 04, 2025 @06:17PM (#44791958)
And then we're back to "the government should be restrained from passing that sort of economic regulation because otherwise that's what happens".
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by kaibee on Monday August 04, 2025 @03:17AM (#44782885)
> We have a problem where regulators are bad at their jobs most of the time, and then people develop the heuristic that all regulation is bad.

No, we have a problem where 95% of regulations work so well that no one even remembers that they exist (child labor, etc). A media environment that reports on outliers for clicks and corporations that want to dump industrial waste in rivers.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by pembrook on Monday August 04, 2025 @03:48AM (#44783057)
Right winger says problem is government. Left winger says problem is corporations. Repeat ad nauseum. Yes both can be bad.

95% of regulations and 95% of companies work so fantastically that nobody realizes exist. Sure.

But re: regulation, that 5% tends to be in the really really important stuff.

How’s housing…and healthcare… and higher education…and the national debt…in the US going?

All of those things make up vastly more than 5% of the economy and are arguably all broken in the US because of poorly designed regulation.

I think assuming most regulation is “good” is an extremely dangerous proposition given regulation is extremely difficult to change or overturn once in place.

It’s important to also remember every regulation requires enforcement at gunpoint.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Monday August 04, 2025 @06:33AM (#44784005)
> No, we have a problem where 95% of regulations work so well that no one even remembers that they exist (child labor, etc).

This is quite false. There are a few regulations that have a high cost/benefit ratio (e.g. ban leaded gasoline), and a few that are completely upside down (e.g. DMCA 1201), and then there are the vast majority which are the regulatory bureaucrat equivalent of busy work and are neutral at best. Positions exist to make new regulations, so they make new regulations.

But each new one has overhead, and then we get cost disease and high cost of living and increased market consolidation because regulatory compliance is a fixed cost that large corporations can bear more easily than smaller companies, and the complexity is used to disguise corruption. All of that is legitimately bad.

90% of them are completely worthless, and it's a significant problem that we have an apparatus structured to perpetually accumulate new ones without ever going back and cleaning house to remove the ones that can't be justified.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by h3lp on Tuesday August 05, 2025 @05:23PM (#44804520)
> There are a few regulations that have a high cost/benefit ratio (e.g. ban leaded gasoline),

I think you mean to say that it had a very low cost/benefit. Otherwise, citation seriously needed.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by AnthonyMouse on Saturday August 09, 2025 @04:09PM (#44849702)
I obviously meant "high" as in "desirable" rather than "numerically large".
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by akudha on Sunday August 03, 2025 @06:33PM (#44780414)
Some people are so ideologically opposed to any regulatory intervention

These are people who are ideologically opposed to any regulatory intervention? How can such an extreme position even begin to make sense? This is like letting boxers (or MMA fighters) fight in the ring without a referee, isn't it? As it is, there are lax rules that are getting even more relaxed by the day and even those lax rules aren't enforced consistently, for big businesses and those with money.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by bobthepanda on Sunday August 03, 2025 @07:34PM (#44780757)
> big businesses and those with money

There are obviously the people in this cohort and there are also the people who think they will be in this cohort, who think they will be the victors in a cartel-like world.

Heck, before layoffs and the threat of AI started concentrating even more power into tech leadership there were plenty of tech folks along for the ride as the high paid, in demand workforce benefiting from the above.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by npunt on Sunday August 03, 2025 @08:00PM (#44780909)
Yeah, many people on HN act like temporarily embarrassed monopolists, ala Steinbeck [1]

[1] https://margins.app/america-and-americans-and-select/w/f395d...

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by DannyBee on Sunday August 03, 2025 @12:56PM (#44777926)
Having criticized a lot of her tenure (and still do!), Lina's problem was never whether she was right or not.

It's that she was incredibly ineffective.

Of course she was right. That's what made her practical ineffectiveness so problematic.

She was often 100% right on what should be done but could only achieve 0-10% of it.

I'd rather have someone who is 70% right on what should be done, but can achieve almost all of it, as some previous FTC chairs were.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @01:16PM (#44778083)
Even this one victory (and it was more than one) is one more than the fucking nothing we're getting on pushback from the SEC to the FDA to the FCC and back again now: this is #CrimeSeason baby (or so its called on Twitter), oligarchs in the front row and all. The last 3 administrations have been soft on FAANG and its going really badly.

The argument that she had the correct agenda, won a few, lost most to a captured judiciary (correct me if I'm mis-characterizing your position) is probably the stupidest thing I've seen on one of the dumbest threads in recent memory.

Can you clarify where I've lost the plot with your argument and restore some of my sorely tested faith in humanity?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by phillipcarter on Sunday August 03, 2025 @02:06PM (#44778427)
Why do you think she was ineffective?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by DonHopkins on Sunday August 03, 2025 @01:09PM (#44778039)
But what if you care about Adobe? Booooo Hooooo!!! ;( /s
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by aetherson on Sunday August 03, 2025 @03:21PM (#44778970)
Suppose that you have an opportunity to play a game. The game is you roll a fair normal six sided die. If it comes up a 6, you get $60B. If it comes up a 5 or 4 you get $30B. If it comes up 3 or less, you get $0.

This is clearly a valuable game! It is worth in expectation $20B. But it also has a 50% chance of being worthless to you.

Someone offers to buy it from you for $20B. You agree, giving up some upside for some downside protection.

But then someone else says that's not allowed. So you play the game and you roll a six and get $60B.

Does that prove the person who made you play it rather than sell it was "right," ex ante?

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by dabedee on Sunday August 03, 2025 @03:38PM (#44779099)
You raise a valid point about ex ante uncertainty. We can't know future outcomes with certainty, and yes, Figma theoretically could have failed. But antitrust analysis isn't about predicting exact valuations. It's about market structure and competitive dynamics. The FTC had observable facts: Adobe's dominant market share, Figma's rapid growth trajectory, and a purchase price of 50x revenue (extraordinary even for software). These factors suggested Adobe saw Figma as a competitive threat worth eliminating, not just a financial investment. That's the key distinction from your dice game; this wasn't pure randomness but observable market dynamics. You're right that we can't prove the counterfactual. But antitrust law doesn't require certainty, just reasonable probability of competitive harm. The extreme premium Adobe offered was itself evidence they valued removing competition more than acquiring assets. The outcome validates the analysis, but even if Figma had struggled, preserving the possibility of competition has value beyond any single company's success.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @04:57PM (#44779724)
But now you are contradicting your initial argument. Here you say that the price offered by Adobe was astronomically high, and therefore an indicator that the offer was not legitimate, but initially you said that the FTC made the right decision because the offer was 3x lower than the IPO price.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by lukeschlather on Sunday August 03, 2025 @09:24PM (#44781310)
No, the argument is that Adobe willing to pay a high price is a good signal that Figma was not a dice roll but actually worth much more than Adobe was willing to pay.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @10:20PM (#44781564)
If it was known that Figma was worth more than Adobe was willing to pay, then why did Figma take the deal?
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by SambhavGupta on Sunday August 03, 2025 @10:57PM (#44781737)
I think it's reasonable to formulate this as two outcomes (Figma independent and Figma bought by Adobe) and each firm's preferences. From Adobe's standpoint, outcome A has huge tail risk (Figma innovates and eats Adobe's business) so paying a lot for outcome B might be ok. From Figma's POV, they aren't really helped by that tail as much as Adobe is hurt by it (either way they're rich, unless they crash out and become poor), so Figma would love to play it safe and sell the tail gamble. Adobe is paying to buy the high tail and low tail from Figma, but Figma probably doesn't care too much about selling the high tail compared to selling the low tail; meanwhile Adobe mainly wants to buy the high tail. I think it's very reasonable for Adobe to value the high tail at much more than Figma values getting rid of the low tail (Adobe is willing to bid up aggressively while Figma is willing to offer down aggressively).

Whether the government saw Adobe's willingness to overpay for Figma as a signal of Adobe's underlying incentives (as in "I acquire Figma to keep my monopoly" and not "I acquire Figma to vertically integrate and make better product for consumer") seems much harder to speculate on. I didn't explain (nor do I think there's an obvious explanation) for why the original deal was at the high price rather than the low price, but I'd imagine Figma would've been generally willing to sell for less than the price Adobe bid given Adobe was probably Figma's best customer for acquiry.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by aetherson on Tuesday August 05, 2025 @11:34AM (#44799365)
But high IPO prices is evidence against the idea that Adobe was willing to overpay for Figma due to downside risk to Adobe that is not matched by upside benefit to Figma!
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by aetherson on Tuesday August 05, 2025 @11:36AM (#44799396)
Obviously the die game is a simplified stylized example. Yes, I agree, that chance that Figma stock was worth literally zero (above what was paid) was less than 50%. But the point is that there was obviously risk that Figma would be worth less than $20B, otherwise Figma wouldn't have wanted to take the deal.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by TrackerFF on Monday August 04, 2025 @03:38AM (#44782993)
I think the flaw here would be to assume that there's such a great chance (roll 1 -3) of it being worthless. Figma, while not being a mature 20+ year old company, had long since established its place in the market.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by missedthecue on Sunday August 03, 2025 @05:04PM (#44779801)
It doesn't prove it. Khan attempted very fiercely to block Amazon's purchase of iRobot and she, along with the EU authorities, succeeded in preventing it and now iRobot is about to file bankruptcy. We don't have the counterfactual and founders (nor regulatory agencies) can see the future.

Someone made a good analogy on twitter that Khan essentially cut off a genius pianist's right hand, the pianist persevered and somehow succeeded in retaining their talent in spite of having one hand, and now Khan is taking credit for the feat. In the same way, the fact that Figma still exists is not proof that she was right.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @05:04PM (#44779806)
> If you care about market cap? She was right.

None of the FTC's business

> If you care about employee comp? She was right.

None of the FTC's business

> Number of listings, new potential acquirers for your startup, more diverse office geography, right right right right.

None of the FTC's business x3

> If you care about consumer choice, she was right.

Ok, so this is the FTC's business. But does Figma compete with Adobe in any major areas? I'm not aware of any major Adobe products like that.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by maxbond on Sunday August 03, 2025 @05:18PM (#44779905)
> > Number of listings, new potential acquirers for your startup, more diverse office geography, right right right right.

> None of the FTC's business x3

> > If you care about consumer choice, she was right.

> Ok, so this is the FTC's business.

You don't think there's relationship between consumer choice and a large number of acquirers? These are basically equivalent statements, they're both saying "markets remain competitive".

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Sunday August 03, 2025 @06:17PM (#44780312)
This is an account not yet three weeks old on a rampage of low-effort shouting about why institutions, honesty, integrity, standards and decency are pointless, counterproductive, and stupid.

I think it might be an alt for Peter Thiel himself! We're in the presence of greatness friend, we should just lean back and be enlightened.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @05:26PM (#44779977)
Only in the case where both the acquirer and the target have directly competing products, which is why I specifically mentioned that case and said it would be the FTCs business. (And even then sometimes it doesn't. Google bought Waze, which was a direct competitor to Google Maps, but still both products exist.)

And, no, they aren't remotely equivalent statements to each other or to "markets remain competitive." If there are 100 products in a market, and an acquisition reduces that to 99, it will have no effect on the competitiveness of a market, which is why such an acquisition is not typically any of the FTC's business.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by maxbond on Sunday August 03, 2025 @05:30PM (#44780003)
No, that's just wrong, if you let Adobe buy up all the design tools then you limit designer's choice to just Adobe. Will they come out with a competing product? Maybe. That's their business. But the potential is there, and Adobe has to stay on its toes and can't coast on it's near-monopoly status. Indeed, it's now also possible Figma will come out with products to compete with Adobe. And just the threat of that has the potential to limit all of the hostile behavior towards consumers Adobe has been up to for years.

Which is all to say that the market remains competitive.

If you don't think it's the FTC's business to decide whether or not that 100 to 99 move is significant, then I don't think you understand. Even if it's insignificant - it's their business to make that call. You can disagree with it, but if you think that isn't their balliwick, you're simply mistaken.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @05:55PM (#44780170)
Hypothetical future competing products is a ridiculous standard. By that logic the FTC could block anything because the acquirer could always in some hypothetical future be a competitor.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by maxbond on Sunday August 03, 2025 @06:01PM (#44780213)
It's ridiculous to suggest corporations will treat their customers better if they have competition? That if their customers have somewhere else to go they have more negotiating power?

Adobe and Figma are competitors, right now, regardless of whether they have product lines in direct competition, at this moment.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by terminalshort on Sunday August 03, 2025 @06:19PM (#44780323)
No they aren't. Having product lines in direct competition is the fundamental definition of being a competing business.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by maxbond on Sunday August 03, 2025 @09:49PM (#44781407)
I doubt their executives agree that one another are not a competitive threat. They wouldn't have tried to merge if they weren't playing ball in the same court.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by Dylan16807 on Sunday August 03, 2025 @07:33PM (#44780752)
> The idea that there's a significant lobby on fucking Hacker News unhappy that a startup IPO'd for a zillion bucks and made everyone rich is twilight zone shit. It makes no sense according to the stated values in the fucking masthead.

Blocking the merger was good. But I'm not convinced the IPO was good. I think trying to be a company that's worth tens of billions of dollars is only going to make Figma worse. I care about the users more than the people that got rich.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by duped on Sunday August 03, 2025 @08:28PM (#44781060)
I mean the bigger problem with the IPO was that they opened at a 20b valuation and by the end of the day a bunch of investors got richer than anyone who built anything because the investment bankers left 30+ billion in valuation on the table for their buddies
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by blitzar on Monday August 04, 2025 @06:00AM (#44783784)
> bankers left 30+ billion in valuation on the table for their buddies

Small float, big hype, litterally designed to pump the stock on the float.

1.2bn was raised - of which only 0.8bn was cashing out existing shareholders - all the other investors got the pump as planned all for the low price of $1.6bn.

Basically the existing shareholders got watered down by ~5% and the value of the shares they still hold are 3x and now liquid, better than they got in any of the vc funding rounds.

Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by 2OEH8eoCRo0 on Sunday August 03, 2025 @10:21PM (#44781568)
The lashing she gets around here is disturbing.
Re:Lina Khan points to Figma IPO as vindication of M&A scrutiny by benreesman on Monday August 04, 2025 @12:35AM (#44782153)
The last time we came down this hard on one of the few diligent, competent, agressive, uncorrupted regulators with a weird mixture of old boys club sexism and tribal spinal reflex gang flag posturing was in 1996 give or take when Rubin, Greenspan, and Summers came after Brooksley Born as the Chairwoman of the Commodity Futures Trading Commission and forced her out via bunch of irregularities and other scandal-worthy maneuver.

Chairwoman Born was right about everything (natch) and we got a modest crisis to prove that almost immediately afterwards with the Russian sovereign debt default and a society-changing crisis in 2008 (same OTC derivatives contracts right down to the flawed VAR methodology).

If we had let Ms. Born do her job as she was so clearly and eminemtly equipped and prepared to do it, you get an alternate history. We're probably sitting here on twenty years of budget surplus, carbon goals getting lined up and knocked down like clockwork, a well-run Internet living up to its potential, and two generations coming of age in Boomer-style optimism and prosperity instead of cynical hopelessness. There's probably no fentanyl crisis to speak of and Putin gets a nervous palsy just thinking about displeasung NATO.

God knows what the price will be this time.