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Good morning. 

Just weeks after their team won a record 18th NBA championship, the majority ownership group of the Boston Celtics is planning to put the historic sports franchise up for sale. 

Selling low they are not. Purchased in 2002 for $360 million by a consortium of investors, the Celtics will certainly fetch a valuation well north of the roughly $4 billion the lowly Washington Wizards were valued at when they sold a minority stake last year. And let’s be honest: As Washington fans know all too well, the Wizards aren’t beating the Celtics or pretty much anyone else at anything any time soon.

Big Tech

The EU Thinks Meta’s Ad-Free Service Is Illegal

Photo of Meta CEO Mark Zuckerberg
Photo by Anthony Quintano via CC BY 2.0

The EU seems to be enjoying its newfound monopoly-mashing powers. Last week, the organization enforced its antitrust legislation for the first time with a preliminary finding against Apple, which it quickly followed with another finding against Microsoft. Now, it’s Meta’s turn.

On Monday, the European Commission said in a preliminary finding that it believes Meta has violated the new Digital Markets Act (DMA) by implementing a system in which Europeans can pay a monthly subscription to escape the usual cavalcade of targeted ads. According to the EU, privacy wants to be free. 

Counting Euros

Under the DMA, “gatekeeper” companies (i.e., Big Tech) need to ask user consent before “combining their personal data between designated core platform services and other services.” Meta introduced its paid ad-free service for European users last year, arguing it had given them the choice to opt out from having their data hoovered up and handed round — that choice simply involved the issue of payment.

In a statement to The Daily Upside, a Meta spokesperson said the subscription plan “complies with the DMA,” and added that Meta has offered to slash the cost of its subscription by 40%, but is “still awaiting regulatory feedback.” Let’s dig in to the numbers:

  • At the moment, a base subscription costs between €9.99 and €12.99 per month, plus €6 to €8 per additional account, so a person with a Facebook and an Instagram account might expect to pay €20.99 a month to avoid ads. 
  • The company told the EU it could lower that to €5.99 per month plus €4 per additional account: that’s €9.99 per month total for Facebook plus Instagram, or €119.88 for an ad-free year.

“I think they are treating the EU like a customer rather than a custodian if they are trying to haggle prices,” Dr. Bernie Hogan, a social data scientist at the Oxford Internet Institute, told The Daily Upside. “It misreads the ruling by the EU and tries to reframe [the EU] as being stingy when they are examining this from a rights-based perspective, not one of the specific cost,” he added.

It All Adds Up: Meta’s subscription model is already the subject of a lawsuit from European privacy activist group noyb, which argues that it violates Europe’s pre-existing GDPR privacy laws. For noyb co-founder Max Schrems, the EU’s action could go far beyond Meta’s individual business model. “The logic of the Meta case would also apply to any other ‘pay or okay’ website,” Schrems said in a statement. In an analysis published in March, noyb found that some European websites are also using “pay or okay” plans. In Germany, 30% of the top 100 websites used it — paying to avoid tracking on all of those websites would run you up an annual bill of over €1,500 ($1,610).

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Photo via DLP Capital

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M&A

Parts and Reputation: Boeing to Buy Supplier After Quality Control Issues

To keep costs down, Boeing has been outsourcing manufacturing for two decades. How’s that working out for them? 

Boeing announced Monday that it agreed to buy one of its biggest suppliers, Spirit AeroSystems, for $4.7 billion, about 20 years after selling the company as it embraced collaborative aircraft-building. The deal will bring the production of the body of 737 Max planes and parts of 767, 777, and 787 models in-house, crucial at a time when a series of accidents have left the company’s reputation in tatters. But it will also bring in debt as Boeing tries to preserve an investment-grade credit rating hovering just above junk status.

Weather It Together

Until 2005, Spirit — not to be confused with the discount airline — was owned by Boeing, which remains its biggest client by far. Boeing was responsible for 64% of Spirit’s revenue in 2023; Boeing arch-rival Airbus — which agreed to take on some of Spirit’s European assets in the deal, along with $559 million in compensation — accounted for 19%.

Boeing and Spirit have attracted intense scrutiny since January, when part of a Spirit-made fuselage blew off a 737 Max 9 during an Alaska Airlines flight. The planemaker was already in hot water over crashes of Max 8 aircraft in 2018 and 2019 that killed 346 people. The two companies will now try to regain the public and market’s trust together under one roof:

  • Boeing CEO Dave Calhoun has pledged to step down by the end of the year; quality issues at Spirit had already forced a leadership change last fall when Patrick Shanahan, a former senior vice president at Boeing, took over. In a game of corporate musical chairs, Shanahan is considered a potential successor to Calhoun.
  • Boeing’s offer to buy Spirit comes in at $37.25 per share, a 30% premium over February when the two announced they were in talks. Boeing also plans to assume roughly $3.5 billion of Spirit’s debt as part of the deal. 

The deal is not expected to close until mid-2025, giving Boeing a little time to address its own debt — the company reported $47 billion in debt at the end of the first quarter, and issued $10 billion in bonds in April — as it has been tagged with a negative outlook by all three major credit-rating agencies, which also rate its credit quality just one notch above junk grade.

Deal or No Deal: Boeing also faces a tense decision as to whether to plead guilty to pending fraud charges related to the fatal 2018 and 2019 crashes. According to multiple media reports on Sunday, prosecutors have given the company a week to take a plea deal or face trial — a guilty plea including a hefty fine and probation period could avoid a difficult legal process, but could also jeopardize the company’s lucrative work for the US military.

Finance

Keith Gill Briefly Faces Legal Heat Over His GameStop Shares

Behold: a memestock lawsuit even more ephemeral than the memestock craze itself.

On Friday, Keith Gill — a.k.a. Roaring Kitty, a.k.a. the king of the memestockers — got slapped with a lawsuit alleging a pump-and-dump scheme involving his GameStop shares. On Monday however, the lawsuit was voluntarily withdrawn by the plaintiff.

HODL Your Applause

Gill’s return to the public eye this summer has drawn attention for a reason. After becoming the face of the memestock short-squeeze craze that saw GameStop’s share price soar 1,700% over a stretch in January 2021, Gill quietly receded to his basement. Then on May 12, after nearly three years of silence, he began tweeting memes vaguely suggesting he was back in the game. Memestockers, unsurprisingly, took notice.

And that’s where the trouble started, according to the short-lived class-action lawsuit filed in a New York federal court by a GameStop shareholder:

  • In the days following Gill’s reemergence, GameStop’s stock climbed 180%. On June 2, Gill revealed he owned 5 million GameStop shares and 120,000 call options set to expire on June 21, a stake worth around $116 million, sending shares soaring once again. On June 13, Gill revealed he had exercised all his call options, scoring millions in gains, before expanding his stake to 9 million shares.
  • The mayfly lawsuit essentially alleged that by quietly amassing a huge stake before reemerging publicly, Gill sought to manipulate the stock for his own gain. It cited a “well-documented” history of Gill’s ability to “rally a massive following of retail investors to purchase and hold GameStop securities through his social media posts.”

The plaintiff GameStop investor didn’t immediately respond to enquiries from multiple news outlets on why he’d withdrawn the lawsuit, so his reasoning for filing and then almost immediately retreating remains a mystery.

Chew On This: The brick-and-mortar video game retailer isn’t the only object of Roaring Kitty’s affection. On Monday, Gill revealed a nearly 7% position in online pet-product retailer Chewy, which saw its stock climb to an all-time high in early 2021, coinciding with the memestock craze. The kicker? Chewy was founded by Ryan Cohen, a.k.a. the current CEO of GameStop.

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Extra Upside

  • Merrily down the stream: Paramount, no longer for sale, looks for a partner in the streaming business.
  • En garde: Nvidia is set to face antitrust charges from French regulators, a report says.
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