Technology
Meta reportedly wins fight to buy VR startup Within
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A California judge is reportedly allowing Meta to close its acquisition of virtual reality fitness startup Within, despite an ongoing antitrust case by the Federal Trade Commission. Bloomberg reports that a pair of sealed orders deny the FTC’s request to block the deal but with a one-week delay that will give the FTC time to appeal. The orders were posted yesterday, and a status hearing on the case is set for February 7th.
The FTC sued in July of 2022 to stop Meta’s acquisition of Within, which makes the popular VR app Supernatural. The agency argued that Meta’s purchase would expand its dominance in the consumer VR market, where Meta has staked many of its resources in recent years. The commission highlighted Meta’s previous merger with the company behind Beat Saber in 2019, claiming that the addition of Within would eliminate a “beneficial rivalry” between the two companies.
Meta fought the decision, but in December, it agreed to delay its Within acquisition until January 31st — although Meta CTO Andrew Bosworth said in a hearing that the company might drop the deal if it “doesn’t close in a timely manner.” Meta declined to discuss the decision at this point.
The FTC apparently faced internal disagreements over whether to intervene in Meta and Within’s deal, and its pursuit of the case stands in stark contrast to several relatively smooth Meta (formerly Facebook) acquisitions, including its purchase of VR startup Oculus in 2014. “Out of respect for the court’s orders, the FTC is not in a position to comment at this time,” FTC director of public affairs Douglas Farrar told The Verge in response to a request for comment.
If this week’s order stands, it would represent a loss for agency head and antitrust crusader Lina Khan. The defeat would come as the FTC fights to stop another game-related merger: Microsoft’s acquisition of Activision. The two cases have significant differences — particularly the small size of the VR market compared to the overall games industry, as well as the FTC’s choice to specifically focus on the market for fitness VR apps in the Within case, not VR or games in general. Nonetheless, the decision could indicate an uphill battle to limit tech industry consolidation — despite persistent attempts to give antitrust watchdogs teeth.
Technology
Activist investor Elliott ditches director nomination plans for Salesforce

Activist investor Elliott Investment Management won’t be proceeding with plans to nominate its own directors to Salesforce’s board, citing improved performance and a clearer “focus on value creation” from the enterprise software company.
Elliott — one of five activist investors within Salesforce’s ranks — announced ahead of Salesforce’s recent Q4 earnings that it was pushing several of its own candidates toward the Salesforce board after a turbulent 2022 for the company. However, after a return to financial form for Salesforce, beating growth forecasts and announcing more shareholder returns, it seems this has been enough to convince Elliott that Salesforce has corrected course.
In a joint statement today, the companies said that in light of Salesforce’s recently announced “profitable growth framework” dubbed “New Day,” alongside its strong fiscal year 2023 and a slew of additional “transformation initiatives,” Elliott won’t pursue its director nominations.
“I have great respect for Marc [Salesforce co-founder and CEO Marc Benioff] and his team, and I have become deeply impressed by their strong ongoing commitment to profitable growth, responsible capital return and an ambitious shareholder value creation plan,” Elliott managing partner Jesse Cohn noted in a press release.
Technology
First Citizens to acquire Silicon Valley Bank

First Citizens BankShares has agreed to buy Silicon Valley Bank, the California lender that served as lifeblood of thousands of startups and whose collapse sent shockwaves through the financial sector, the Federal Deposit Insurance Corporation said on Monday.
The deal includes the purchase of about $72 billion assets of Silicon Valley Bank at a discount of $16.5 billion. About $90 billion in securities and other assets of the California-based lenders will remain “in receivership of disposition” by the U.S. Federal Deposit Insurance Corporation.
The announcement comes weeks after the FDIC seized control of Silicon Valley Bank on March 10 after a run on deposits made the lender insolvent. The 17 former branches of Silicon Valley Bank will open as First Citizens Bank on Monday, the FDIC said.
“In addition, the FDIC received equity appreciation rights in First Citizens BancShares, Inc., Raleigh, North Carolina, common stock with a potential value of up to $500 million,” the FDIC said in a statement.
Before the collapse, the Silicon Valley Bank was the 16th largest bank in the U.S. Its meltdown was the largest bank failure in the U.S. since the 2008 financial crisis.
More to follow.
Technology
Microsoft says it has stopped its Xbox Game Pass $1 trial offer
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Microsoft has stopped its $1 trial offer for Xbox Game Pass Ultimate and PC Game Pass. The trial has been available for years, with brief periods where it wasn’t always available in certain markets, and it now looks like Microsoft is considering new promotions instead.
“We have stopped our previous introductory offer for Xbox Game Pass Ultimate and PC Game Pass and are evaluating different marketing promotions for new members in the future,” says Kari Perez, head of global communications at Xbox, in a statement to The Verge.
The $1 trial has allowed people to sign up to Xbox Game Pass for a month, before the full Xbox Game Pass Ultimate subscription kicks in at $14.99 per month or $9.99 a month for the PC- or console-only subscriptions. It’s been a great way to recommend the service to a friend or family member, but we’ll now have to wait to see what these “different marketing promotions” are for new members.
Microsoft has also been working on its Friends & Family plan for Xbox Game Pass Ultimate. The plan lets you share Xbox Game Pass Ultimate benefits with up to four other friends or family members. Pricing in Ireland is set at €21.99 per month (nearly $24), working out to less than $5 per person.
Microsoft expanded this Friends & Family plan to New Zealand, South Africa, Chile, Hungary, Israel, and Sweden recently, but it’s still not available in many European markets or the UK and US. This $1 trial removal could be a sign that Microsoft is getting ready to expand Friends & Family even further, after trialing this new subscription for less than a year.
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