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Apple and Epic go to trial and Friend of Pivot Senator Amy Klobuchar

Kara and Scott talk about Apple going to trial with Epic over its choice to kick Fortnite out of the app store. They also discuss the upcoming Facebook Oversight Board decision on whether to uphold the ban on Donald Trump. Then in Friend of Pivot, we're joined by US Senator Amy Klobuchar to tal

Featured Speakers

NY Mag HostScott Galloway GuestSenator Amy Klobuchar Guest

Topics Discussed

Episode Summary

Executive Summary: The episode centers on antitrust and platform power, especially Apple’s App Store policies, with Senator Amy Klobuchar arguing for stronger competition policy, agency funding, and possible remedies like divestitures and fee limits. Kara and Scott also debate Facebook’s Trump decision, Verizon’s Yahoo/AOL sale, Basecamp’s culture controversy, and vaccine misinformation, stressing that concentrated power distorts markets and public discourse.

Main Topics: Apple App Store antitrust trial vs. Epic (Priority: 5/5): The hosts and Senator Klobuchar discuss the Epic v. Apple trial, arguing Apple’s 30% commission and app-store control may constitute monopoly abuse and that regulators should force more competition, lower fees, and prevent self-preferencing. Senator Klobuchar’s broader antitrust agenda (Priority: 5/5): Klobuchar frames antitrust as a competition policy problem affecting consumers across tech, pharma, newspapers, and beyond, and explains her legislative and agency strategy to confront concentrated power. Facebook Oversight Board and Trump ban (Priority: 4/5): Kara and Scott predict the Oversight Board will likely allow Trump back on Facebook, criticizing the board as opaque, irrelevant, and more concerned with procedural cover than actual accountability. Verizon selling Yahoo and AOL to Apollo (Priority: 4/5): The conversation revisits Verizon’s retreat from media ownership, with Scott arguing the telco’s content strategy never made sense and that Yahoo remains undervalued despite years of mismanagement. Basecamp resignations and workplace culture (Priority: 4/5): They debate whether employees should bring political and social justice issues into the workplace, using Basecamp’s staff departures as a case study in tensions between speech, leadership, and company culture. Vaccines, misinformation, and public health (Priority: 4/5): The hosts link tech platforms, misinformation, and vaccine hesitancy, with Kara especially frustrated by resistance among some Americans and Scott advocating mandates or passports to accelerate herd immunity. Senator Klobuchar’s presidential run and political style (Priority: 3/5): In a lighter segment, Klobuchar reflects on the highs and lows of running for president, while the hosts praise her work ethic, legislative seriousness, and pragmatic approach.

Key Arguments: Apple’s App Store fees are not justified by the value provided; if Apple wants 30%, it must prove that price through competition, not platform control. The FTC and DOJ are under-resourced, so antitrust enforcement requires more funding, clearer priorities, and legislation that strengthens competition policy. Breaking up or constraining dominant platforms can create room for competitors to solve problems like misinformation, privacy, and consumer choice. Facebook’s decision on Trump is likely to be framed as precedent-setting, but the real issue is repeated rule-breaking by one user, not abstract precedent. Telcos like Verizon should focus on their core business (e.g., 5G) rather than buying content properties they do not know how to integrate. Basecamp illustrates a broader tension: companies that invite political speech but fail to deliver on diversity or inclusion can provoke employee revolt. Misinformation is easier to challenge when platforms are less concentrated; monopoly power reduces market-based solutions and increases the need for regulation. Publicly challenging workplace norms can be righteous in the short term but may create long-term career penalties, especially if not paired with effective change-making.

Data Points: Vanta audit prep reduction: 82% - Ad copy at the opening claims Vanta cuts audit prep by 82%. Companies using Vanta: 15,000+ - Vanta ad copy says more than 15,000 companies use the service. Apollo purchase price for Yahoo and AOL: $5 billion - Verizon agrees to sell Yahoo and AOL to Apollo. Yahoo traffic rank: 4th most trafficked site in the world - Scott argues Yahoo remains highly valuable because of its web traffic ranking. Basecamp staff resignations: About one-third of 60 employees - The hosts note a large fraction of Basecamp’s workforce resigned after the founder’s memo. Apple App Store commission: 30% - Central figure in the Epic v. Apple antitrust dispute. Apple small-business commission threshold: Less than $1 million annual revenue - Apple announced a lower commission rate for developers below this threshold. Epic public filing profit estimate: 75% profit - Klobuchar cites Epic filings suggesting high profitability for Apple’s App Store model. Disinformation dozen: 12 people responsible for over 60% - Klobuchar references a study showing a small group drives a majority of vaccine misinformation. First vaccine dose uptake in Minnesota: Almost 60% - Klobuchar mentions her state nearing 60% first-dose coverage. India reported infections in a day: About 400,000 - Kara cites the worsening COVID crisis in India. Klobuchar book length: Around 300 pages / more than chapter 2 for Scott - Scott jokes about how long the book is while admitting he has read much of it.

Pivotal Quotes: "If Apple wants 30% commission, they need to offer the requisite value to command that type of margin." — Scott Galloway: Scott argues Apple’s App Store fee is unjustified and anti-competitive. "I think calling it antitrust is kind of interesting, the law, because it has the play on words of antitrust because no one trusts anyone anymore." — Senator Amy Klobuchar: Klobuchar explains why she prefers the term competition policy over antitrust. "When Mark Zuckerberg literally wrote in an email, it's better to buy than compete." — Senator Amy Klobuchar: Klobuchar uses Facebook’s internal emails to argue that monopolies suppress competition.

Implications: The episode frames antitrust as a practical consumer issue, not a niche legal debate. Expect more scrutiny of app stores, platform governance, media consolidation, and misinformation, plus growing pressure on Congress and regulators to act faster and more aggressively.

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About Pivot

With great power, comes great scrutiny. Every Tuesday and Friday, journalist Kara Swisher and NYU Professor Scott Galloway offer sharp, unfiltered insights into the biggest stories in tech, business, and politics. They make bold predictions, pick winners and losers, and bicker and banter like no one else. From New York Magazine and the Vox Media Podcast Network.

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