Karsten Wenzlaff, Advisor
August 26th, 2025
Antitrust | April 21, 2025

Image: Freepik/upklyak
The U.S. Federal Trade Commission (FTC) first sued Facebook (now called Meta Platforms Inc.) in December 2020, claiming it broke competition laws by buying Instagram and WhatsApp to suppress competition and maintain a monopoly in personal social media markets. The case was renewed in 2021 with more evidence and the trial started on April 14, 2025, with Mark Zuckerberg already on the stand in the U.S. District Court for the District of Columbia.
The FTC argues Meta bought Instagram for $1 billion in 2012 and WhatsApp for $19 billion in 2014 in what they call a 'buy or bury' strategy to dominate the market, which it now controls -see FTC opening statement slides:
During the trial, FTC presented internal messages/texts in 2012 from CEO Mark Zuckerberg, saying:
“It is better to buy than compete.”
The FTC now seeks a court order that could force Meta to breaking-up or divesting Instagram and WhatsApp entirely.
On April 13, 2025 in an official Meta blog post, Meta’s Chief Legal Officer Jennifer Newstead says that the FTCs case is 'weak' and that the lawsuit is wrong, saying it ignores how competitive the tech space has become. She argues that platforms like TikTok, YouTube, Snapchat and others fiercely compete for users' time and attention and that the FTC is using a narrow definition for personal social networking. She continues to say that Instagram and WhatsApp grew under Facebook/Meta's ownership because of the investments in safety, encryption, and performance.
While Canada has not filed a federal antitrust lawsuit like the FTC, there are a number of legal and regulatory actions against Meta including:
1. Canada passed the Online News Act (Bill C-18) in June 2023 to help struggling news publishers that required big tech platforms like Meta to pay Canadian outlets when they share or link to their news. The expectation is that platforms like Meta and Google are to contribute at least $100 million CAD annually to support the sustainability of the Canadian news industry. Meta responded by blocking all Canadian news content from Facebook (now Meta) and Instagram feeds. So in response, News Media Canada and CBC filed a complaint with the Competition Bureau, arguing that Meta’s move was anti-competitive and harmful to the public, which the Bureau is currently investigating.
2. In 2024, four Ontario school boards sued Meta, TikTok’s parent ByteDance, and Snapchat’s owner Snap Inc., asking for over $4 billion CAD in damages. They claim the platforms were designed to be addictive, harming students mental health and learning. The companies tried to get the case thrown out but an Ontario judge ruled that the case proceed which now has expanded to 14 school boards. The boards say they've had to spend more funding on mental health and classroom supports because of social media's impact, and want the platforms redesigned to reduce harm to students.
3. In 2024, Canada passed the Digital Services Tax Act, introducing a 3% tax on revenue earned in Canada by large global tech companies like Meta. It applies to companies with more than €750 million in global revenue and at least C$20 million in Canadian digital revenue. The first payments are due by June 30, 2025. The tax was delayed for years during global talks but Canada moved ahead after little progress. Meta opposes the digital services tax, and it's not a secret that President Trump dislikes the tax too, and we can expect it to be raised when renegotiating the Canada-United-States-Mexico-Agreement (CUSMA) trade agreement. Revenue collection is proceeding with its first collection in 2025.
We're at a regulatory turning point against big tech. From Washington to Ottawa, digital platform dominance is in the spotlight. The outcome of Meta's trial, as well as Canada's legal pressures could lead to new enforcement models, investment opportunities, and an increase in competition in areas that have been long dominated by Big Tech.
Also, smaller firms operating in AI, digital media, and user engagement platforms may find that regulators are more willing to intervene or step in/up if complaints are made.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Antitrust | April 21, 2025

Image: Freepik/fabrikasimf
On April 17, 2025, a federal judge ruled that key parts of Google's digital advertising ecosystem is a monopoly and it broke antitrust laws. It's the second time in less than a year that Google has been found guilty of abusing market power. The case was led by the U.S. Department of Justice (DOJ) and was backed by 17 states.
Judge Leonie Brinkema ruled (115 page PDF)that the company “willfully engaged” in tactics that harmed competition and distorted prices in a way that left publishers and consumers worse off while strengthening Google's dominance. Could this result in a court ordered break-up of Google's advertising tech empire?
The case focused on how Google linked its publisher ad server (DFP) with its ad exchange (AdX), tools used by websites to sell advertising. The court found that its an unfair combination that Google could control and steer traffic away from competitors, giving it monopolistic control over the ad ecosystem.
By 2022, Google held over 90% of the publisher ad server market and between 55-65% of the ad exchange space. In Q4 2024, its advertising business brought in $72.5 billion or 75% of Alphabet's total revenue (see Alphabet's Q4 2024 Earnings). These are astonishing figures and akin to how the internet is monetized.
The court has ordered both parties to schedule a hearing to submit potential remedies to resolve Google's antitrust case, including ordering the break-up and divestiture of AdX and DFP. The outcome will likely change how digital ads are bought and sold on the internet.
CNN article says Google will appeal. “We won half of this case and we will appeal the other half,” said Lee-Anne Mulholland, Google’s VP of regulatory affairs.
Last August 2024, a separate court ruled that Google illegally monopolized search by paying Apple over $10 billion a year to be the default engine on iPhones. The DOJ reportedly wants Google to sell Chrome and potentially it's Android operating system.
Google is also facing broad existential threats from the rise of generative AI platforms like OpenAI's ChatGPT that are upending traditional search by fundamentally changing how people access information.
Let's not forget the added pressures that President Trump' sweeping tariffs on global tech are having on Google's revenue growth. Combined, Google's dominance is now in flux with Alphabet's stock falling more than 1% after the latest ruling and down 20% year to date.
Canada’s Competition Bureau is watching closely, and in November 2024 filed its own antitrust suit against Google, claiming the company used similar tactics in Canada’s digital advertising market.
According to Commissioner Matthew Boswell, Google’s ad tech practices prioritized its own products in ad space auctions and restricted publishers from working freely with other platforms. Similar to the U.S. case, Canada seeks a forced sale of ad tech tools, financial penalties, and an end to exclusionary behaviour.
If the Tribunal agrees, Google could face fines up to 3% of its global revenues ~$12 billion CAD. These cases can take several years to conclude but Canadian regulators have been building their case for almost a decade, and the U.S. ruling may accelerate momentum, as it provides a strong legal precedent.
U.S. regulators are not just going after Google but also currently pursuing Meta, Amazon and Apple for various antitrust violations.
Apr 2025: Meta for acquiring Instagram and WhatsApp to eliminate rivals.
Mar 2024: Apple for using the iPhone ecosystem to block competitors in messaging, digital wallets, and more.
Nov 2023: Amazon for allegedly punishing third party sellers and distorting its own marketplace.
Big Tech is being forced to answer how it gained and uses power, with Google now on the chopping block who may now face a court ordered breakup. Canada and other countries are following, so this antitrust case isn't about one company but a movement and will impact who controls the infrastructure of the internet.
It doesn't matter if you're in advertising or not. It affects anyone who uses the internet and the outcome will change how online markets work, who gets to participate and compete and the future of digital power.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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CUSMA | April 16, 2025
Image: Freepik/rawpixel.com
If you’re building a fintech company in Canada, there’s a good chance you’ve thought about scaling into the U.S. or Mexico. But no doubt rising trade tensions and ever evolving regulations can raise questions about CUSMAs current status for financial technology service providers.
Earlier this month, President Trump introduced wide sweeping tariffs (he referred to as 'Liberation Day') on imports from more than 180 countries. Canada and Mexico were largely exempt (for now) thanks to the Canada-United States-Mexico Agreement (CUSMA/USMCA), which replaced the North American Free Trade Agreement (NAFTA) in 2020.
CUSMA includes specific rules that make it easier for digital finance providers to operate across borders. Whether you're running a payments platform or a digital lending service, CUSMA could already be working in your favour.
If you operate a regulated fintech like one that moves money, offers loans, or handles investments then Chapter 17 – Financial Services is what applies to you. It helps you access the U.S. and Mexico markets but doesn’t fully protect you from things like local data rules, and applies to financial services such as:
Chapter 17 legally ensures market access and fair treatment but it doesn't stop governments from requiring certain data to be stored locally. So if you're offering regulated cross border services, your operations could still face compliance hurdles around data infrastructure.
If your business focuses on digital tools that support, but don’t directly provide financial services, then you might fall under Chapter 19 - Digital Trade. Chapter 19 lays out stronger protections for items like cross-border data flows and electronic transactions but it doesn’t apply to regulated financial services. Some business model examples that may qualify under Chapter 19 include:
If you’re unsure where your business fits, it’s advised to contact your export trading representative or if you need help with CUSMA compliance you can contact CanadExport CUSMA compliance support line at 1‑833‑760‑1167. Alternatively, it's worth getting legal advice to help classify your service correctly to avoid unnecessary risks under CUSMA protections.
During March and April of 2025, the U.S. government announced tariffs on over 180 countries, igniting global trade anxiety. Canada and Mexico were mostly exempt but only for products and services that are compliant with CUSMA (not for sectors like Steel and energy), and the pressure has forced Ottawa and allies to diversify supply chains to protect economic sovereignty.
After speaking with President Trump, Prime Minister Mark Carney called the old U.S.–Canada trade relationship “over” and is now pushing for a broad renegotiation of CUSMA and defence security to reflect Canada’s modern priorities. He announced a 25% retaliatory tariff on U.S. autos that do not meet CUSMA standards, further escalating pressure around trade terms.
For financial technology firms, the current economic environment is volatile with new tariff threats being contemplated by the Trump administration day by day, so stay current with evolving trade rules and do not assume that rules of 2020 still protect your business in the say way in 2025.
For Canadian fintechs still looking to scale into the U.S. or Mexico, CUSMA still provides a foundation to operate if you know how to use it. Make sure you understand the classification of your business and revenue exposure across borders. This is a time of rising trade barriers, so any clarity around CUSMA could be a competitive advantage to support your growth.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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