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  • Jul 01, 2025

    The European Antitrust Agenda: Google’s Search Redesigns Spark Criticism; Ireland’s Regulator Hires More Staff Amid Surge in Tech Complaints

    Welcome to The European Antitrust Agenda, written by Europe Executive Editor Javier Espinoza and Senior Correspondents Charley Connor, Vesela Gladicheva and Lydia O’Neal. This week, Google is up for a grilling over its compliance with the EU’s digital antitrust regime and the Irish media watchdog is getting a slew of complaints related to the bloc’s […]

    Jul 01, 2025 Read Now >
  • Jun 30, 2025

    EU Competition Chief says Bloc ‘Won’t Compromise Sovereignty’ in Talks with U.S., Criticizes American Big Tech Crackdown

    European Commission competition chief Teresa Ribera dismissed reports that the EU might water down its digital antitrust rules in trade negotiations with the U.S. and criticized America’s own effort to rein in the power of Big Tech as slower and less effective than the bloc’s regime. “We will not compromise […] around sovereignty and around […]

    Jun 30, 2025 Read Now >
  • Jun 27, 2025

    Omnicom/Interpublic: EC, CMA Reviews Set to Grapple with Truncated FTC Investigation, Novel Theory of Harm, Behavioral Remedies

    The FTC’s move this week to clear Omnicom’s (OMC) proposed acquisition of advertising holding company rival Interpublic (IPG) through a truncated process culminating in an unusual complaint and consent order places European competition enforcers in unfamiliar, and largely unprecedented, positions in their own reviews of the $13.5 billion deal…

    Jun 27, 2025 Read Now >
  • Jun 25, 2025

    Apple Offering Last-Minute Steering Revamp in Bid to Dodge More EU Fines Under Digital Rules

    Apple (AAPL) is preparing to offer changes to its rules for developers in Europe as soon as Thursday to avoid additional fines over its restrictions on apps seeking to steer users to promotions outside of its App Store, according to two sources with direct knowledge of the matter…

    Jun 25, 2025 Read Now >
  • Jun 17, 2025

    The European Antitrust Agenda: CMA Signals Strong Enforcement Ahead of Apple, Google Digital Markets Rulings; Regulators to Eye Meta/Scale AI for Extra Scrutiny

    The European Antitrust Agenda: CMA Signals Strong Enforcement Ahead of Apple, Google Digital Markets Rulings; Regulators to Eye Meta/Scale AI for Extra Scrutiny  Welcome to The European Antitrust Agenda, written by Europe Executive Editor Javier Espinoza and Senior Correspondents Charley Connor, Vesela Gladicheva and Lydia O’Neal. This week, the UK’s Competition and Markets Authority (CMA) […]

    Jun 17, 2025 Read Now >
  • Apr 30, 2025

    USMCA ‘Tariff-Shift’ Provisions Offer ‘Massive’ Incentive for Plastics Manufacturers to Route Supply Chains Through Mexico Rather than Rebuild Manufacturing Capacity in U.S.

    A provision in the United States-Mexico-Canada Agreement (USMCA), a free trade agreement negotiated by the first Trump administration, could enable Chinese plastics manufacturers to reduce their tariff burden, according to lawyers, supply chain experts, and an industry executive. Manufacturers could qualify for the provision by importing intermediate goods to Mexico and Canada and using them […]

    Apr 30, 2025 Read Now >
  • Apr 24, 2025

    Breton Decries DMA Fines on Apple, Meta as ‘Regrettable’, Says Goal is Compliance, Not Penalties

    Thierry Breton, the former commissioner in charge of enforcing the EU’s landmark digital rules, said multi-million euro fines imposed on Apple (AAPL) and Meta (META) earlier this week were regrettable, emphasizing that financial penalties aren’t the aim of the bloc’s Digital Markets Act (DMA). Rather than a triumphant moment for Big Tech enforcement, the fines […]

    Apr 24, 2025 Read Now >
  • Mar 05, 2025

    EU Set to Order Apple to Open iOS or Face Billions in Fines – Sources

    The European Commission is set to order Apple to open up its iOS system or risk hefty penalties as high as 10% of its global turnover, two people with direct knowledge of the cases told The Capitol Forum…

    Mar 05, 2025 Read Now >
  • Feb 24, 2025

    The Asia Antitrust Agenda: KTFC Balances Big Tech Concerns Against Pressures to Uphold U.S. Relationship; China Eases FDI Rules; Taiwan Issues Environmental Guidelines; Australia Releases Airline Competition Report

    This is the inaugural edition of The Asia Antitrust Agenda, a biweekly column showcasing key regulatory developments in the region. KFTC juggles platform regulations, potential U.S. trade conflict. The Korea Fair Trade Commission (KFTC) will closely engage with the U.S. government over proposed rules that are likely to affect American tech platform operators such as Google […]

    Feb 24, 2025 Read Now >
  • Feb 03, 2025

    Exclusive Interview with Former European Commissioner for Competition Margrethe Vestager

    Click here to see the full transcript of our exclusive interview with Margrethe Vestager. Margrethe Vestager is rejecting calls for a broad overhaul of EU merger rules, arguing that European policymakers should instead focus on strengthening the single market to compete with the U.S. and China as a global economic power. In an exclusive interview […]

    Feb 03, 2025 Read Now >
  • Jan 27, 2025

    Antitrust Agenda: Caffarra Conference Thursday; Analysis of Staffers from the Texas AG Joining National Economic Council; BlackRock Case’s Antitrust Policy Implications; Recap of Ferguson’s First Week as FTC Chair

    Christina Caffarra’s conference “The Perfect Storm: A Time of Truth for Europe” is this Thursday, January 30. Cristina Caffarra’s annual must-attend conference on competition, trade, and industrial policy takes place this Thursday in-person in Brussels and livestreamed. Caffarra set the table for the conference with a blog post laying out how the conference will discuss […]

    Jan 27, 2025 Read Now >
  • Jan 07, 2025

    Merger Monthly: Scramble Over AI Companies Calls to Mind Past Tech Battles—And Enforcers’ Response to Them

    For those not around for the decades-long string of events that led to Big Tech becoming the target of antitrust enforcers, you’re in luck. Companies’ current fights for dominance in artificial intelligence should give you an idea of what you missed in the development of Internet search, advertising technology, mobile phones and e-commerce. Much like […]

    Jan 07, 2025 Read Now >
  • Dec 05, 2024

    Labor Thursday: FTC Cracks Down on Building Services Contractor’s No-Hire Agreement; Union Worker Charges Kroger and Albertsons with Colluding During Strike; Apple’s Employee Surveillance Under Fire; Amazon Contractors Win Preliminary Ruling to Begin Organizing, Amazon to Appeal; Aveanna Healthcare Faces Nurse Wage Suit

    FTC orders building services contractor to cease no-hire agreement, saying Sherman Act and FTC Act violations caused harm to workers. The Federal Trade Commission reached a settlement with Guardian Service Industries Inc., a building services contractor with over 2800 employees, to stop enforcing a policy that prohibited building owners and managers from hiring Guardian workers. […]

    Dec 05, 2024 Read Now >
  • Nov 26, 2024

    Apple’s Motion to Dismiss DOJ Suit Puts Refusal-to-Deal Law in Spotlight; Potential Trump Antitrust Appointee, Republican Lawyers Have Backed Case

    The outcome of Apple’s (AAPL) effort to dismiss a Department of Justice lawsuit might shape the development of a contentious area of law—the antitrust “duty to deal”—that tech giants are increasingly using as a shield against legal liability, experts said.

    Nov 26, 2024 Read Now >
  • Oct 08, 2024

    Tech Tuesday: Epic v. Google Judge Orders Google to Open Android Ecosystem; All Federal Claims in FTC’s Amazon Suit Can Proceed, Per Unsealed Ruling; Apple, DOJ Feud over Tech Tutorials Ahead of Motion-to-Dismiss Hearing

    Epic v. Google judge rejects refusal-to-deal defense in sweeping injunction; Google set to appeal. For three years, Google (GOOG) must open its Google Play ecosystem to competing app stores, Northern District of California Court Judge James Donato ruled Monday in an injunction that mostly aligned with what Epic Games proposed in April. Google will be […]

    Oct 08, 2024 Read Now >
  • Oct 07, 2024

    The Antitrust Agenda: Experts Discuss Potential Top Roles in a Harris Administration; Live Nation Takes a Hit in Federal Antitrust Case; Free Speech and Authority of Government Enforcers on SCOTUS Docket

    Kamala Harris avoids committing to keep on FTC Chair Lina Khan. The Wall Street Journal reported last week that at a meeting with the Teamsters union, a Teamsters board member asked Harris for a commitment to keep Khan in place at the FTC. Harris then declined to make that commitment, saying she needs to win […]

    Oct 07, 2024 Read Now >
  • Oct 01, 2024

    Itron Has Plans to Charge 30%-50% Commission on App Store for its Utility Smart Meters, But Public Utility Commissions Could Intervene

    Itron (ITRI) contracts with utilities to be the exclusive provider for their customers’ electronic electricity meters, known as smart meters. Itron’s marketing also brags that its technology platform “utilizes an app store model, similar to a smart phone.” Critics worry that Itron will charge, like Apple for its app store, a 30% (or higher) commission […]

    Oct 01, 2024 Read Now >
  • Jul 23, 2024

    Despite a Weakened Macron, His Fight for European ‘Champions’ Vs. Competition Enforcement Isn’t Going Anywhere, Experts Say

    Recent elections in France have weakened Emmanuel Macron in Paris and Brussels. But the push by the French president and other senior European politicians for less aggressive European Union competition enforcement to favor companies in the region over foreign rivals will remain strong, according to EU policy and competition law experts. Throughout his tenure, Macron […]

    Jul 23, 2024 Read Now >
  • Jun 17, 2024

    The European Antitrust Agenda: Lufthansa/ITA Appears Headed for the Runway; Google’s Hotel Search Market Share Slides in EU; Luxembourg Raids Pharma Firms; EC Accuses Czech Republic of Antitrust Infringement, Alchem of Price Fixing; NGOs Go After Vodafone/Three

    Skies appear to clear for Lufthansa/ITA as IAG offers remedies. The German airline giant (ETR: LHA) is likely to receive the European Commission’s (EC) blessing to take a 41% stake in state-owned ITA Airways, Reuters and Politico reported last week, citing anonymous sources. Such a decision would please the plethora of Italian officials who’ve been […]

    Jun 17, 2024 Read Now >
  • Jun 06, 2024

    European Commission Scrutinizing Apple’s New Browser Engine Program Created to Comply With DMA

    The European Commission is examining an Apple (AAPL) program created to comply with Europe’s new Digital Markets Act (DMA) that critics said hinders rival browsers and other apps on the company’s iPhone, sources familiar with the matter said.

    Jun 06, 2024 Read Now >
  • May 21, 2024

    A Closer Look at DOJ’s Decision to File Apple Case in New Jersey; Potential Appeal Venue, Proximity of Witnesses Could Have Played a Role

    The Department of Justice’s lawsuit against Apple (AAPL) had been expected for years, but it still contained a few surprises when it was finally filed in March. One was the choice of venue: federal court in New Jersey. Prosecutors haven’t been forthcoming with their reasoning, but legal experts pointed to several factors that may have […]

    May 21, 2024 Read Now >
  • Apr 09, 2024

    Antitrust Tech Tuesday: The Limited Antitrust Experience of the Judge Assigned to the DOJ/Apple Lawsuit; Alphabet’s Rumored HubSpot Acquisition Could Draw Section 8 Scrutiny; McMorris Rodgers/Murray Privacy Bill Would Create a New FTC Bureau; TSMC Wins Subsidies as Intel Discloses Losses

    The judge assigned to the DOJ/Apple lawsuit has limited experience ruling on antitrust. The New Jersey federal judge overseeing the Justice Department’s sprawling challenge to Apple’s (AAPL) alleged illegal monopolization of the iPhone ecosystem is in for quite the crash course on antitrust. The historic case appears to be Judge Michael Farbiarz’s first courtroom exposure […]

    Apr 09, 2024 Read Now >
  • Apr 08, 2024

    The Antitrust Agenda: Inside the Team Supporting New FTC Commissioner Holyoak; Former AAG Baer Discusses Importance of Executive Order on Competition; Closer Look at Groups Tied to Anti-Robinson-Patman Act Ads; Major Meat Processors Accused of Fixing Pork Prices

    New FTC Commissioner Melissa Holyoak hires attorney-advisers. Melissa Holyoak has chosen Douglas Geho, Elisa Jillson and Chris Mufarrige to fill out her team at the FTC. Mufarrige will serve as her chief of staff, he announced in a LinkedIn post. Geho, chief antitrust counsel on the House Judiciary Committee, chaired by Representative Jim Jordan (R-Ohio), […]

    Apr 08, 2024 Read Now >
  • Apr 01, 2024

    In Scrutinizing Apple’s CarPlay, DOJ Seeks to Protect Vehicle Innovation from Alleged iPhone Monopoly

    The Department of Justice’s antitrust lawsuit against Apple (AAPL) over its iPhone ecosystem and “lock in” tactics doesn’t just take on the company’s current conduct. It also attempts to prevent Apple from expanding its allegedly anticompetitive business practices in the future. One example of this is the complaint’s mention of Apple’s CarPlay service, which allows […]

    Apr 01, 2024 Read Now >
  • Mar 26, 2024

    Google Seeks to Cozy Up With Smaller Tech Players, Turn Them Against Apple Amid EU’s Big Tech Crackdown

    Google (GOOG) has worked to curry favor with smaller tech firms and direct their attention toward Apple’s (AAPL) supposedly insufficient design changes to comply with the European Union’s sweeping new rules regulating Big Tech in the weeks leading up to the bloc’s launch of probes into both companies.

    Mar 26, 2024 Read Now >
  • Mar 21, 2024

    In Filing Apple Lawsuit, DOJ Counters Company Defense That Its Actions Are Based on Security, Privacy Concerns

    In the federal lawsuit it filed today against Apple (AAPL), DOJ seeks to overcome the smartphone giant’s argument that its App Stores oversight ensures user security and privacy – a defense that proved key in largely defeating Epic Games’ 2020 antitrust case against the company.

    Mar 21, 2024 Read Now >
  • Feb 23, 2024

    As DOJ Case Vs. Apple Approaches, Did Apple Shoot Itself in the Foot with Conduct Following Epic Games Ruling?

    With a Department of Justice lawsuit appearing imminent, Apple (AAPL) may have provided last-minute evidence to bolster the DOJ’s case against it: its potentially anticompetitive behavior in the wake of the Epic Games trial.

    Feb 23, 2024 Read Now >
  • Feb 23, 2024

    Apple Representatives Meet with DOJ’s Kanter, Signaling Long-Anticipated Lawsuit

    Lawyers for Apple (AAPL) met yesterday with DOJ antitrust chief Jonathan Kanter, indicating that a long-awaited antitrust lawsuit against the company could be filed as soon as early next week, according to two sources familiar with the matter.

    Feb 23, 2024 Read Now >
  • Feb 20, 2024

    The Antitrust Agenda: Capital One/Discover Deal Announced as CFPB, Durbin Scrutinize Credit Card Industry and DOJ Investigation of Visa Continues

    DOJ investigation of Visa has recently taken back seat to Apple, Live Nation probes. DOJ has prioritized its monopolization investigation of Apple (AAPL) and is expected to file suit soon. The department is on track to follow that litigation with a suit against Live Nation Entertainment (LYV). Market events can affect the timing of monopolization […]

    Feb 20, 2024 Read Now >
  • Feb 20, 2024

    The European Antitrust Agenda: iMessage, Bing Outside of DMA Scope; Meta Fails to Stop UK Class Action; Thermo Fisher/Olink Gets German Phase 2; Novo Holdings/Catalent to File CMA Briefing Paper

    Bing, iMessage sidestep DMA. The European Commission said last Tuesday that Apple’s (AAPL) messaging service and Microsoft’s (MSFT) Bing search engine aren’t subject to the Digital Markets Act (DMA), the bloc’s sweeping new law to rein in the power of tech giants. In addition to letting Microsoft off the hook for Bing, the EC said […]

    Feb 20, 2024 Read Now >
  • Feb 12, 2024

    The Antitrust Agenda: DOJ’s Apple Monopolization Lawsuit Edges Ahead of Live Nation on Filing Timeline; Khan Discusses M&A Priorities in DCN Talk

    DOJ’s Apple monopolization lawsuit now ahead of Live Nation. DOJ’s investigation of Apple’s (AAPL) control over its App Store appears to have now jumped ahead of the department’s Live Nation (LYV) probe in terms of priority and timing. Previously, DOJ had planned to file the Live Nation litigation around this month, but the department appears […]

    Feb 12, 2024 Read Now >
  • Feb 09, 2024

    Google Draws Fire From Retailers, Shopping Comparison Website Operators on DMA Plan as Compliance Deadline Nears

    With less than a month remaining before a critical March 7 deadline, Google’s (GOOG) plan to comply with the European Union’s sweeping Digital Markets Act is garnering bad reviews from retailers and operators of comparison shopping sites, sources familiar with the matter said. In recent closed-door meetings that Google organized with third-party websites to gain […]

    Feb 09, 2024 Read Now >
  • Jan 10, 2024

    Vestager’s Last Hurrah—Big Tech, Rail, Telecom and Aviation in the Spotlight for 2024

    Margrethe Vestager, the EU’s top antitrust enforcer, could be out of the job by the end of the year. The current European Commission mandate runs until October 31. A third term for Vestager, having been in the competition post since late 2014, would be unprecedented. Vestager, therefore, has some 10 months to either conclude or […]

    Jan 10, 2024 Read Now >
  • Jan 08, 2024

    The European Antitrust Agenda: FIFA Suspends New Football Agent Regulations; Hungarian Enforcer Joins AI Scrutiny; Trucks Cartel Members Settle UK Damages Litigation; UK Court Hears Meta Class Action

    FIFA suspends new football agent regulations. Soccer’s governing bodies faced multiple setbacks in December, with the European Court of Justice (ECJ) ruling that UEFA and FIFA breached competition law by rejecting the proposed Super League tournament. It also invalidated UEFA’s requirement that clubs have a set percentage of “home-grown” players. Another setback came on December […]

    Jan 08, 2024 Read Now >
  • Jan 08, 2024

    The Antitrust Agenda: Apple Section 2 Timing; Arizona AG Will ‘Almost Certainly’ Oppose Kroger/Alberstons Deal; Conference Calls on Biden Agenda, Politics of CFIUS

    Apple Section 2 Case May Complicate DOJ Litigation Timelines. The New York Times’ Friday article about DOJ’s Apple (AAPL) monopolization case being in “the late stages” means that DOJ likely will face a decision soon whether to push ahead with the February timeline for its Live Nation (LYV) litigation or push that timing back to […]

    Jan 08, 2024 Read Now >
  • Jan 02, 2024

    The Antitrust Agenda: Caffarra’s Brussels Conference to Set Tone, Themes for Year in Antitrust; On Litigation Front, Lawsuits vs. Live Nation and Kroger/Albertsons Expected in January/February Time Frame

    This article has been updated with a statement from Live Nation. Caffarra’s agenda-setting conference on January 31 (Register here). One development that hasn’t been fully appreciated is how the Biden administration has reshaped competition policy through a new vision for trade, labor, and industrial policy as well as antitrust enforcement. Two landmark speeches in 2023 […]

    Jan 02, 2024 Read Now >
  • Jan 02, 2024

    Antitrust Tech Tuesday: New York Times Sues OpenAI, Microsoft; FTC Signals Focus on Interoperability, Proposes Amendments to COPPA Rule

    New York Times sues Microsoft, OpenAI over copyright infringement. The New York Times Company filed suit against Microsoft (MSFT) and OpenAI on December 27 for copying and using millions of the Times’ copyrighted articles to train their generative AI tools. Microsoft is named alongside OpenAI due to the company’s significant investment in the nonprofit which […]

    Jan 02, 2024 Read Now >
  • Nov 15, 2023

    Insurance Executives Refused to Pay for the Cancer Treatment That Could Have Saved Him. This Is How They Did It.

    This story was originally published by ProPublica. Forrest VanPatten was 50 and strong after years as a molten-iron pourer when he learned in July 2019 that a hyperaggressive form of lymphoma had invaded his body. Chemotherapy failed. Because he was not in remission, a stem cell transplant wasn’t an option. But his oncologist offered a […]

    Nov 15, 2023 Read Now >
  • Nov 08, 2023

    U.S. v. Google: Silicon Valley Giant Changed Agreements to Help Android Devices Compete with Apple, Former Executive Says

    Google (GOOG) has used its revenue sharing agreements with wireless carriers and mobile phone makers to improve the Android ecosystem and better compete with Apple’s (APPL) iPhones, a former executive for the search giant said today at the company’s antitrust trial.  Jamie Rosenberg, a former vice president who oversaw Android negotiations from 2016 to 2019, […]

    Nov 08, 2023 Read Now >
  • Oct 30, 2023

    U.S. v. Google: CEO Pichai Calls Deals for Default Placement ‘Enhanced Promotion,’ Says They Improve User Experience

    Google (GOOG) CEO Sundar Pichai said today in court that the company’s revenue sharing agreements are “enhanced promotion” payments to make it the default search engine on devices and browsers, defending the deals against DOJ’s claims that they stifled competition.  But the executive’s view, offered during Google’s antitrust trial, contradicts a 2005 statement by the […]

    Oct 30, 2023 Read Now >
  • Oct 24, 2023

    Pressure Builds on EC to Launch Cloud Services Market Investigation Under DMA Powers

    The European Commission is under growing pressure by national enforcers, competition experts and industry groups to investigate whether Microsoft (MSFT), Amazon (AMZN), Google (GOOG) and other companies that provide cloud services should be subject to rules under the Digital Markets Act (DMA).  The DMA forces tech platforms labeled as “gatekeepers” to comply with a set […]

    Oct 24, 2023 Read Now >
  • Oct 02, 2023

    The European Antitrust Agenda: CMA Clears UnitedHealth/Emis and Reviews Two Proposed Sustainability Initiatives; Nvidia Reportedly Raided in France; CMI/Editis Notify EC of Merger; British Watchdog Mulls Qualcomm/Autotalks Review

    UnitedHealth/EMIS gets final CMA approval. The Competition and Markets Authority has formally approved UnitedHealth Group’s (UNH) proposed 1.2 billion pound ($1.46 billion) purchase of EMIS (EMIS: LN). The agency provisionally cleared the deal last month in phase 2 after being convinced that the buying power of the UK’s National Health Service would prevent anticompetitive price […]

    Oct 02, 2023 Read Now >
  • Oct 02, 2023

    The Antitrust Agenda: Amazon Lawsuit Sends Shockwave Through Antitrust Community; Senator Grassley Welcomes DOJ Lawsuit vs. Agri Stats

    The Antitrust Agenda: Amazon Lawsuit Sends Shockwave Through Antitrust Community; Senator Grassley Welcomes DOJ Lawsuit vs. Agri Stats The FTC’s antitrust lawsuit against Amazon (AMZN) continues to send a shockwave through the antitrust community. The lawsuit’s significant impact results not only from the insights it has already and is likely to continue to provide into […]

    Oct 02, 2023 Read Now >
  • Sep 26, 2023

    In Landmark Amazon Case, FTC Narrows Focus to Elevate Chances of Winning

    The FTC finally filed its landmark antitrust lawsuit against Amazon (AMZN), and the three FTC Commissioners and 17 states joining the FTC opted in favor of a narrow lawsuit focused on price—particularly how Amazon raises prices on customers across the internet and increases costs to third party sellers. Below, we highlight some key points from […]

    Sep 26, 2023 Read Now >
  • Sep 18, 2023

    The Antitrust Agenda: Senate Commerce Hearing for FTC Commissioners This Week; Recap of Illumina vs. FTC 5th Circuit Hearing

    Three FTC Commissioner Nominations on tap for hearing. The Senate Commerce Committee is set to hold a hearing on FTC nominees Melissa Holyoak and Andrew Ferguson and the renomination of FTC Commissioner Rebecca Slaughter. While the Republicans will likely not be confirmed before the FTC’s conduct litigation against Amazon, expected later this month, the timeline […]

    Sep 18, 2023 Read Now >
  • Sep 13, 2023

    Guaranteeing Google as Default Search Engine ‘Key Thing’ Company Paid for in Contracts, Former Executive Says

    A former Google (GOOG) contract negotiator said today that guaranteeing its search engine was the default setting on smartphones was so important that it would only share revenue with the phone’s manufacturers and wireless carriers if they didn’t offer the same privilege to rival search engines. “The key thing we are paying revenue for is […]

    Sep 13, 2023 Read Now >
  • Sep 05, 2023

    The Antitrust Agenda: Monopolization Investigations and Litigation Set to Drive Agenda Through End of Biden’s Term 

    Months of monopolization cases ahead. To date, mergers and big legislative fights have tended to dominate the headlines when it comes to antitrust enforcement during the Biden administration. But monopolization enforcement and litigation are set to command attention through the remainder of the president’s first term. Shortly, the FTC is likely to bring a monopolization […]

    Sep 05, 2023 Read Now >
  • Sep 05, 2023

    The European Antitrust Agenda: Tech Firms Get Ready for EU’s DMA Designations; Microsoft Responds to EU Probe by Unbundling Teams from Office; UK Court Backs CMA in Bake-At-Home Goods Merger Block

    Major tech companies prepare for Digital Markets Act designations. The European Commission is set to announce the first round of digital “gatekeepers” on Wednesday. Alphabet (GOOGL), Amazon (AMZN), Apple (AAPL), ByteDance, Meta (META), Microsoft (MSFT) and Samsung notified the agency in July that they met the initial thresholds to be defined as gatekeepers under the […]

    Sep 05, 2023 Read Now >
  • Aug 22, 2023

    McKesson Uses PBM-Like Tactics in Oncology Drug Market to Boost Profits, Critics Allege

    McKesson (MCK), America’s largest pharmaceutical distributor, has almost tripled its net income to $3.56 billion over the past 13 years and now ranks No. 9 on the Fortune 500 list of the largest U.S. companies by revenue, just behind Google’s parent company, Alphabet (GOOGL). But critics said McKesson generated those profits by steering physicians toward […]

    Aug 22, 2023 Read Now >
  • Jul 06, 2023

    EU and UK Look to Germany to Lead the Way in Google Automotive Services Enforcement

    Germany’s antitrust regime for technology giants may already be proving more effective than the EU’s Digital Markets Act, with the European Commission and the UK’s Competition and Markets Authority leaving the German enforcer to take on a complaint against Google’s (GOOGL) allegedly anticompetitive practices in navigation and car infotainment services. The issue came before four […]

    Jul 06, 2023 Read Now >
  • May 15, 2023

    Amgen/Horizon: FTC Prepares to Sue to Block $27.8 Billion Pharmaceutical Transaction

    The FTC is preparing to sue to block Amgen’s (AMGN) proposed $27.8 billion acquisition of Horizon Therapeutics (HZNP), sources familiar with the matter said. The agency’s three sitting Democratic commissioners, who met on Friday in a closed-door meeting to discuss the case, are set to vote on it this week, the sources said. While it […]

    May 15, 2023 Read Now >
  • Mar 30, 2023

    Adobe/Figma: Deal Faces Challenging Reviews in Brussels and London

    Software company Adobe’s (ADBE) $20 billion plan to purchase the privately held design platform Figma will be reviewed by regulators in London and Brussels, and winning approval from both agencies is likely to be a challenge, according to an analysis by The Capitol Forum. Adobe’s European Commission filing is said to be expected within the […]

    Mar 30, 2023 Read Now >
  • Mar 21, 2023

    The Antitrust Agenda: What UBS Buying Credit Suisse Means for Bank Merger Reviews; Timing of Draft Merger Guidelines

    UBS’s takeover of Credit Suisse, announced yesterday, is clearly at odds with the Biden administration’s whole-of-government approach to enforcing competition policy. The merger combines a formerly top 10 bank with its Swiss rival – an outcome that would have been unthinkable from a regulatory and antitrust perspective even weeks ago. CNBC hosts are now saying […]

    Mar 21, 2023 Read Now >
  • Mar 06, 2023

    The European Antitrust Agenda: Microsoft/Activision Might Be Poised For a Win at the EC as Critics Turn Up the Heat; New Tune in EC’s Music-Streaming Case Against Apple; The Trouble With CMA Efforts to Encourage Climate Initiatives; Viasat/Inmarsat Gets Provisional Green Light From London; UnitedHealth/Emis Faces New Demands From CMA; Dutch Enforcer Calls for Tool to Tackle Tacit Collusion; EC About to Hit Google With SO Over Online Ads

    A coup for Microsoft/Activision at the EC? Microsoft (MSFT) is set to receive a notable boost from the European Commission in connection with its planned $68.7 billion takeover of Activision Blizzard (ATVI), according to a report. The EC, the report said, is expected to approve the merger without requiring Microsoft to divest assets.   Approval by the […]

    Mar 06, 2023 Read Now >
  • Mar 06, 2023

    The Antitrust Agenda: At Keystone Conference, Kanter Warned About Big Tech as Vestager Struck Centrist Note

    Antitrust enforcement sparks optimism at Brussels event, but some say new laws key. Speakers at a Keystone Strategy conference in Brussels on March 2 voiced optimism that antitrust enforcement and competition policy have sprung back to life in the fight against monopolies and other dominant players, though they debated whether new laws are needed to […]

    Mar 06, 2023 Read Now >
  • Dec 02, 2022

    Microsoft/Activision Blizzard: Sony Far From Signing Call of Duty Proposal As Likely FTC Vote On Suit Nears 

    Microsoft (MSFT)—facing a likely FTC lawsuit this month to block its proposed Activision Blizzard (ATVI) buyout when a timing agreement with the agency expires—has so far failed to convince Sony (SONY) to drop its objections to the $68.7 billion deal, sources familiar with the matter said.  Microsoft’s latest pledge is to make Activision’s popular Call […]

    Dec 02, 2022 Read Now >
  • Nov 16, 2022

    Excessive Medicine Prices Under Spotlight in Two Upcoming UK Pharma Judgments

    Two upcoming rulings by the UK’s Competition Appeal Tribunal (CAT) are expected to further clarify the price monopolist pharmaceutical companies can charge the UK’s National Health Service (NHS) for off-patent drugs, sources have told The Capitol Forum. The rulings—set to be handed down over the next couple of months—will come at a particularly sensitive time […]

    Nov 16, 2022 Read Now >
  • Nov 07, 2022

    The Antitrust Agenda: Republican Senators Take Aim at ESG Initiatives on Eve of Elections; Open Markets’ Lynn Says Attention on Amazon Following DOJ Win vs. Book Publisher Merger 

    GOP senators warn law firms about clients’ possible ESG antitrust violations. Senate Republicans warned law firms about “possible antitrust violations” that their “clients may commit if they pursue Environmental, Social and Governance (ESG) initiatives.” The firms and their clients “should preserve documents relevant to the clients’ ESG practices in preparation for Congress’s oversight of antitrust […]

    Nov 07, 2022 Read Now >
  • Oct 13, 2022

    Microsoft/Activision Blizzard: Deal Opponents Underscore Google Stadia Shutdown While Xbox Maker Can Point to Netflix Game Expansion

    As regulatory concerns in the U.S. and Europe persist about Microsoft’s (MSFT) proposed $68.7 billion Activision Blizzard (ATVI) acquisition, two developments that occurred late last month—Google shuttering its Stadia service and Netflix’s deepening commitment to video-game development—spur polarized views about whether the transaction is anticompetitive.   The software giant will no doubt argue that Netflix’s decision, […]

    Oct 13, 2022 Read Now >
  • Jun 01, 2022

    NortonLifeLock/Avast: UK’s More Concentrated Markets, Higher Prices Provide Context for CMA Probe 

    The UK economy is exhibiting a “worrying combination of trends”: more concentrated industries, higher prices by way of greater markups – a measure of market power – and the largest companies holding onto their sector-leading positions for longer, according to Mike Walker, the chief economic adviser to the Competition and Markets Authority.  That stark view, […]

    Jun 01, 2022 Read Now >
  • May 23, 2022

    The Antitrust Agenda: Keeping Score as Antitrust Legislation Heads to Senate Floor; Subscription Offerings May Enjoy Break from Apple/Google App Store Taxes; Agency Funding Update 

    Senate floor time for antitrust bill means likely passage into law. Axios reported May 19 that Senate Majority Leader is telling colleagues that he will allow for a Senate floor vote on antitrust legislation in early summer.  A source close to the legislative process explained that, to date, all votes on antitrust legislation have been […]

    May 23, 2022 Read Now >
  • Mar 23, 2022

    Microsoft/Activision Blizzard: Video Game Tie-up Draws FTC Scrutiny, Third-Party Concerns, Over Streaming Impact   

    FTC staff is probing whether Microsoft’s (MSFT) proposed $68.7 billion acquisition of Activision Blizzard (ATVI) would allow the combined company to harm competition in video game streaming markets by withholding gaming titles from rivals, sources familiar with the matter said.  As part of its early-stage fact-gathering, FTC staff has heard concerns from industry participants that […]

    Mar 23, 2022 Read Now >
  • Mar 21, 2022

    The Antitrust Agenda: Absent Senate Dems Stall Bedoya; Movement on Kanter Front Office; Khan and Kanter Collaboration Signals Drop in ABA Influence; NTIA Hire Sets Up Clash with DOJ Antitrust  

    Absent Senate Dems stall Bedoya. Sources supporting Alvaro Bedoya, President Joe Biden’s nominee for the FTC’s third Democratic commissioner slot, were expecting movement from Senate Majority Leader Chuck Schumer (D-NY) on the confirmation front last week. But Schumer needed all 50 Senate Democrats at the Capitol in order to move Bedoya, and he didn’t have […]

    Mar 21, 2022 Read Now >
  • Mar 17, 2022

    DOJ Probes Apple App Store Guidelines That Restrict Cloud Gaming Services, Super Apps

    DOJ attorneys are probing whether guidelines Apple (AAPL) uses to restrict cloud gaming services and so-called super apps’ access to its App Store could harm competition and cement the company’s mobile dominance, sources familiar with the matter said. The department’s investigation, which has intensified in recent weeks, is partly focused on section 4.7 of Apple’s […]

    Mar 17, 2022 Read Now >
  • Feb 22, 2022

    The Antitrust Agenda: Republican Tactics Could Further Complicate Bedoya Vote Timeline; Report Highlights DOJ Resource Concerns; DOD Issues High-Impact Report on Competition

    Will Bedoya confirmation require nuclear option? President Joe Biden nominated Alvaro Bedoya to fill the FTC’s third Democratic seat on September 13. And although Bedoya—after a long wait—was expected to finally win Senate confirmation this month, Senator Ben Ray Lujan’s (D-NM) recent stroke pushed that timeline back by at least six weeks.    And now […]

    Feb 22, 2022 Read Now >
  • Feb 22, 2022

    Meta Platforms: Deal For VR Fitness Startup Draws FTC Input, Customer Foreclosure Scrutiny, Third Party Concerns 

    Meta Platforms’ (FB) proposed purchase of virtual reality (VR) fitness startup Within is drawing FTC scrutiny over concerns the deal would harm rival VR headset manufacturers and app developers, sources familiar with the matter said.    The deal, announced on October 29, would give Meta control over Within’s Supernatural, a market-leading VR fitness service. That’s […]

    Feb 22, 2022 Read Now >
  • Feb 22, 2022

    The European Antitrust Agenda: Konecranes/Cargotec Deal Nears EC Decision; NortonLifeLock Delays Avast Closing; Five Eyes Alliance Targets Supply-Chain Collusion; Google Adds Android to “Privacy Sandbox” 

    Konecranes, Cargotec await EC merger decision. The European Commission could conclude its in-depth investigation into a merger between Konecranes (HEL: KCR) and Cargotec (HEL: CGCBV) as early as this week. The EU watchdog will decide on the deal by March 3, but Phase II decisions often come a week or more early.     The commission […]

    Feb 22, 2022 Read Now >
  • Feb 17, 2022

    NLRB Atlanta Opera Briefs Include Antitrust Arguments and Novel Proposals, Setting Stage for Gig Economy to Face All-of-Government Approach on Misclassification Concerns

    Public interest, government, and industry groups recently submitted more than 30 amicus briefs to the NLRB in a case called Atlanta Opera that could redefine the distinction between employees and independent contractors, and in turn have significant implications for prominent gig economy, construction, trucking, home care, and janitorial services firms.    The NLRB’s request, originally […]

    Feb 17, 2022 Read Now >
  • Feb 14, 2022

    The European Antitrust Agenda: Nvidia Abandons Arm Merger; Google Starts Complying with ‘Privacy Sandbox’ Commitments in UK; EC Opens Kingspan/Trimo Review; Apple Sees Dutch Dating-App Fines Pile Up

    Nvidia terminates Arm merger plan. Nvidia (NVDA) last week abandoned its takeover of British chip designer Arm Holdings following regulatory resistance from competition authorities in Europe and the U.S. Though its review remained at an early stage in China, the State Administration for Market Regulation (SAMR) had also been expected to raise objections to the […]

    Feb 14, 2022 Read Now >
  • Jan 19, 2022

    Microsoft/Nuance: Big Tech, Health Care Questions Weigh on CMA Review

    Microsoft’s (MSFT) proposed $19.7 billion acquisition of Nuance Communications (NUAN) is said to face at least two key headwinds at the UK’s Competition and Markets Authority (CMA): the complexity of assessing a high-profile deal involving one of the Big Tech giants and the transaction’s effect on the National Health Service—a highly sensitive area for the […]

    Jan 19, 2022 Read Now >
  • Jan 18, 2022

    The Antitrust Agenda: Joint FTC, DOJ Press Conference on Merger Guidelines Request for Information; Kanter Slate of Hires Expected Soon; Senate Banking Chair Brown, Warren Prod Fed Nominees on Concentration

    The Antitrust Agenda: Joint FTC, DOJ Press Conference on Merger Guidelines Request for Information; Kanter Slate of Hires Expected Soon; Senate Banking Chair Brown, Warren Prod Fed Nominees on Concentration  Kanter and Khan Joint Press Conference on Issuing Request for Information to Update Merger Guidelines:  LINK to press release.  LINK to request for information.  LINK […]

    Jan 18, 2022 Read Now >
  • Jan 18, 2022

    The European Antitrust Agenda: Nvidia/Arm’s Slim UK Approval Chances; Google’s Showcase Probe Proposal; EC’s Block Of Shipbuilding Merger; End-game talks on EU’s DMA

    Nvidia defends Arm deal. Nvidia’s (NVDA) response to the UK Competition and Markets Authority’s (CMA) in-depth probe of the company’s planned acquisition of British chip designer Arm Holdings articulates a defense that’s well within the mainstream of European antitrust law. Yet such is the global regulatory antipathy toward the $40 billion takeover that the prospects […]

    Jan 18, 2022 Read Now >
  • Jan 10, 2022

    The Antitrust Agenda: Bedoya Committee Vote Pushed to January 24; Khan Continues to Meet with Congressional Republicans; Biden Repeats Concerns Over Monopolies in Meat Processing, Shipping, Rail and Big Tech

    Bedoya hearing pushed to January 24. Originally, the Senate Commerce Committee’s re-vote on the nomination of Alvaro Bedoya, President Joe Biden’s choice to fill the FTC’s third Democratic seat, was tentatively set for January 12. But, according to a source, the vote has now been pushed back to January 24. That makes it more likely […]

    Jan 10, 2022 Read Now >
  • Jan 10, 2022

    The European Antitrust Agenda: Google’s Clout Targeted in Germany; Developments in Microsoft/Nuance, Veolia/Suez Mergers; Meta Appeals Giphy Prohibition

    Germany targets Google’s market power. Google faces deeper antitrust scrutiny in Germany following a Bundeskartellamt decision last week that the search engine and its parent, Alphabet (GOOG), meet a threshold for new abuse controls meant to speed up investigations. Remedies imposed on Google and Alphabet by the national cartel office will be restricted to the […]

    Jan 10, 2022 Read Now >
  • Jan 06, 2022

    Momentum Builds for FTC Rulemaking Banning Exclusionary Contracts

    Antitrust advocates hoping the FTC will direct its rulemaking attention to banning exclusionary contracts by dominant firms have received encouraging signals in recent weeks. Most obviously, the FTC in a December 10 statement disclosing its 2022 regulatory priorities said it was “carefully reviewing” the thousands of comments submitted in response to its August request for […]

    Jan 06, 2022 Read Now >
  • Dec 17, 2021

    U.S. Bank Regulators Seek to Police Cryptocurrency With Existing Powers, Officials Say

    Federal officials concerned that the cryptocurrency industry needs urgent oversight are developing plans to let banking regulators use their existing powers to examine crypto companies when they partner with traditional banks, according to financial and regulatory sources familiar with the thinking. U.S. bank regulators have the authority to examine—and fine—contractors and other outside companies that […]

    Dec 17, 2021 Read Now >
  • Nov 29, 2021

    The Antitrust Agenda: Khan Calendars; G7 Meeting Starts with a Bang as CMA Reportedly Set to Prohibit Facebook’s Acquisition of Giphy; New Yorker Profile Provides Insight into Khan’s Decision-Making Process

    Meeting of G7 competition authorities starts with a bang. Before the heads of the G7 competition authorities kicked off their summit today in London to discuss ways to coordinate their approach to digital markets, the Financial Times broke the news that the CMA is set to prohibit Facebook’s completed $315 million acquisition of online image […]

    Nov 29, 2021 Read Now >
  • Nov 29, 2021

    The European Antitrust Agenda: Return of EC Cartel Fines; Defense Sector Raided; Veolia Proposes Suez Merger Concessions; Cargotec, Konecranes Get More Time for EC Remedies While Also Facing UK Concerns; Italy Halts Chinese Takeover; Facebook Offers Kustomer Undertakings

    Cartel fines. Companies in breach of EU cartel rules have racked up fines totalling almost 1.4 billion euros ($1.58 billion) so far in 2021, according to updated statistics released last week by the European Commission. That compares to fines amounting to less than 300 million euros ($338 million) in 2020, signaling a bounce back to […]

    Nov 29, 2021 Read Now >
  • Oct 27, 2021

    EQT: Aspects of Company’s Well Inventory Appear to Violate State Regulations; State-Mandated Plugging in Pennsylvania Mounts; Roughly $85 Million in Liabilities in Kentucky May Belong to EQT, According to The Capitol Forum Investigation

    EQT Corp. (EQT), the nation’s largest natural gas producer, owns a higher proportion and count of non-producing wells in the Appalachian Basin than its publicly traded peers, according to a Capitol Forum investigation. Of EQT’s more than 3,600 inactive wells that must be either returned to production or plugged and remediated, hundreds appear to be […]

    Oct 27, 2021 Read Now >
  • Sep 16, 2021

    S&P Global/IHS Markit: Companies Don’t Anticipate Additional Behavioral, Structural Remedies

    S&P Global (SPGI) and IHS Markit (INFO) don’t anticipate offering remedies beyond the divestiture of businesses they’ve already proposed selling to News Corp. (NWSA) to secure competition approvals for their $44 billion transaction, The Capitol Forum has learned. The companies last month announced the sale of IHS Markit’s Oil Price Information Service (OPIS) and related […]

    Sep 16, 2021 Read Now >
  • Sep 13, 2021

    Visa: DOJ Targets Company’s Security, Tokenization Tactics in Ongoing Antitrust Probe

    DOJ’s antitrust division is probing whether Visa (V) is pushing anti-fraud tools that help the company maintain its dominance in the online debit marketplace, sources familiar with the investigation said. Online shopping fraud has steadily climbed in recent years with losses on debit and cash cards running more than 50% higher than a decade ago, […]

    Sep 13, 2021 Read Now >
  • Aug 24, 2021

    Amazon, Walmart in the Line of Fire as Biden Appointees Dust Off Robinson-Patman Act

    Amazon (AMZN), Walmart (WMT) and other megaretailers could face renewed antitrust scrutiny and lawsuits under quiet moves by the Biden administration to resuscitate a Depression-era law meant to prevent large corporate buyers from purchasing goods at cheaper prices than smaller rivals can. The Robinson-Patman Act of 1936 crops up halfway through President Joe Biden’s recent […]

    Aug 24, 2021 Read Now >
  • Jun 08, 2021

    Facebook/Giphy: UK, EC Dial Up Antitrust Scrutiny as Giphy Acquisition Hangs By a Thread

    The UK’s competition watchdog last week intensified scrutiny of Facebook’s (FB) dominance in digital advertising, further complicating the authority’s ongoing review of the social network giant’s completed acquisition of Giphy. The Competition and Market Authority antitrust probe—which is looking into whether Facebook unfairly uses the advertising data it collects—was jointly announced with the European Commission, […]

    Jun 08, 2021 Read Now >

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