Antitrust Policy archive - The Capitol Forum

Antitrust Agenda: Colorado Gubernatorial Election May Lead to Shift in State’s Corporate Oversight; New York State Passes Surveillance Pricing Bill; California Antitrust Chief Paula Blizzard on Increased State Role in Merger Reviews; AAI Panelists Discuss How a State AG Challenge to Paramount/WBD Could Mirror Nexstar/Tegna

What’s next for Colorado after Gov. Polis leaves? Colorado Gov. Jared Polis last week vetoed a bill to ban corporations from setting prices and wages with surveillance data. The legislation, described by advocates as the strongest of its kind in the nation, went further than other...

Jun 08, 2026 Read Now >

The Asia Antitrust Agenda: China Tightens Oversight of Outbound Investment; Apple Supplier Fined for Gun-Jumping; Focus Media Faces Lawsuit Over Alleged Monopoly; Korea Fair Trade Commission to Set Up Investigative Arm; Japanese Regulator Urged to Study AI Monopoly Risk; New Zealand Grocery Sector Remains Highly Concentrated Ahead of Costco’s Arrival

Welcome to The Asia Antitrust Agenda, compiled by Eliot Gao, Huayang Chen and Jasmine Chen Rui. This week, China moves to increase scrutiny of overseas investment as the U.S. imposes fresh restrictions on computer chip sales to Chinese entities. Also, Japan’s antitrust regulator is...

Jun 08, 2026 Read Now >

Financials Friday: Fed Vice Chair Says Fed Officials Are Defying Silicon Valley Bank Investigation; Illinois Swipe Fee Deadline Averted but Legal Fight Continues; Bessent Testifies Before House; Dems Introduce Bill to Fund CFPB

Bowman says Fed staff are defying Silicon Valley Bank investigation. Unnamed Federal Reserve officials are refusing to comply with an outside investigation into the causes of the Silicon Valley Bank (SVB) collapse, Fed Vice Chair of Supervision Michelle Bowman said...

Jun 05, 2026 Read Now >

Four Years After OTC Hearing Aid Rule, Competition in Hearing Aid Market Remains Limited Due to Deep Vertical Integration, Sources Say

In 2022, the Food and Drug Administration finalized a rule expected to increase competition in the hearing aid market by giving patients with mild-to-moderate hearing loss access to over-the- counter hearing aids, a potentially cheaper alternative to expensive prescription...

Jun 05, 2026 Read Now >

Paramount Skydance/Warner Bros. Discovery: EC Questions Cinemas on Film Supply, Sector Negotiations and Merger Impact, Sources Say

The European Commission has sent new requests for information to cinemas across Europe as it steps up its review of Paramount Skydance’s proposed $81 billion acquisition of Warner Bros. Discovery, according to two people familiar with the...

Jun 05, 2026 Read Now >

Compass Inc: Following Anywhere Acquisition, Company Pressures ‘Preferred’ Photographers in Boston Area for Rebates

The January acquisition of Anywhere Real Estate gave Compass (COMP) several major real estate brands, including Century 21, Coldwell Banker, Sotheby’s International Realty, and Better Homes, making it the country’s largest real estate brokerage by agent...

Jun 04, 2026 Read Now >

Electronic Arts Buyers Expected to File Under EU Foreign Subsidy Rules Before Summer, Sources Say

The bidding consortium involved in the proposed $55 billion takeover of videogame publisher Electronic Arts (EA) is expected to notify its transaction to the European Commission under the EU’s Foreign Subsidies Regulation (FSR) before the summer, according to two people familiar with...

Jun 04, 2026 Read Now >

Bayer: Commitment to DOJ on Loyalty Programs is Opaque and Insufficient, Market Participants Say; ‘The Damage Has Already Been Done’

Bayer CropScience’s (BAYN) commitments to DOJ that purport to end anticompetitive restrictions in the company’s loyalty programs has industry participants doubtful about its enforceability, transparency, and...

Jun 04, 2026 Read Now >

Labor Weekly: Delivery Drivers Can Dodge Certain Arbitration Clauses, Supreme Court Rules; Pivotal Labor Board Nominee Gets Senate Hearing Date; Polis Vetoes Bill to Ban Surveillance Wages and Pricing

Supreme Court rules delivery and rideshare drivers can litigate claims, aren’t bound by forced arbitration. The Supreme Court ruled last week that a distributor transporting products without crossing state lines was engaged in interstate commerce and therefore qualified for exception...

Jun 04, 2026 Read Now >

Health Care Weekly: Whistleblower Suit Accuses Corcept of Off-Label Marketing; CMS Finalizes Long-Awaited Rule on NSA Dispute Process; Democrats Seek Congressional Disapproval of WISeR; FDA Publishes More Draft Guidance on Reducing Animal Testing; Optum Close to Settling FTC Insulin Case; MultiPlan, Insurers Face Price-Fixing Lawsuit in AZ; FDA 483s

Recently-unsealed whistleblower lawsuit accuses Corcept of off-label marketing. Originally filed in February 2017 on behalf of the United States of America, almost 30 states, and unnamed insurance policyholders, the just-unsealed lawsuit alleges that Corcept (CORT) engaged in off- label...

Jun 03, 2026 Read Now >

Apple Case May Alter Indian Regulator’s Approach to Antitrust Settlements, Lawyers Say

Apple’s (AAPL) court challenge to an Indian antitrust regulator’s authority to demand financial data in a dispute over its App Store’s business practices could alter how India resolves cases involving multinational corporations, legal observers...

Jun 03, 2026 Read Now >

Saipem/Subsea7: Parties Could Offer Divestitures to Secure Approval, Sources Say

Saipem (SPM) and Subsea7 (SUBC) are considering offering divestitures in Northern Europe, if necessary, to secure phase 1 approval from the European Commission for their $4.6 billion merger, according to sources close to the...

Jun 03, 2026 Read Now >

Zillow: Democratic Reps Urge FTC Probe of Real Estate Giant’s Referral Practices

Two Democratic lawmakers last week urged Federal Trade Commission Chairman Andrew Ferguson to investigate Zillow (Z) and other real estate platforms over their referral practices, according to a letter obtained exclusively by The Capitol...

Jun 02, 2026 Read Now >

Tech/Media/Telecom Weekly: Survival of Texas App Store Accountability Act Could Encourage Other States; FCC Poised to Lift Ownership Cap; Vietnam Trade Probe Could Trigger Increased Tariffs on Electronics; Student-athletes Left Out of Cruz-Cantwell NCAA Antitrust Discussion; Vermont Passes Privacy Measure, But Will Governor Sign?

The TMT Weekly is a forward-looking tipsheet that covers tech policy across The Capitol Forum’s U.S. policy coverage universe, from Congress to the Courts. If you have any feedback, feel free to email...

Jun 02, 2026 Read Now >

The European Antitrust Agenda: Von der Leyen Urged to Greenlight Google Penalty; JD.com Stands Against FSR Probe

Welcome to The European Antitrust Agenda, brought to you by Europe Executive Editor Javier Espinoza and Senior Correspondents Lydia O’Neal, Barbara Pianese, Joanna Sopinska and Catherine Stupp. This week, we look at fresh pressure on the European Commission to move ahead with a fine...

Jun 02, 2026 Read Now >

Antitrust Agenda: Paxton’s Pending Departure Leaves Hole in State AG Antitrust Lineup; California Antitrust Law That Disregards Federal Sherman Act Precedent Passes State Assembly; Potential Room for Overlap Between Climate Enthusiasts and Competition Policy Advocates

Will Paxton’s replacement continue his antitrust and anti-Big Tech work? When Texas Attorney General Ken Paxton exits office in January 2027, he’ll leave a considerable hole in state antitrust and anti-Big Tech enforcement—and it’s not yet clear that his successor will be able or...

Jun 01, 2026 Read Now >

Paramount Skydance/Warner Bros. Discovery: Merger to Heighten Collusion Risks, European Cinema Group Warns

A major European cinema trade group is warning that Paramount Skydance’s (PSKY) proposed acquisition of Warner Bros. Discovery (WBD) would make tacit collusion among Hollywood studios easier by leaving just three dominant players, according to a 65-page white paper recently sent to the...

May 27, 2026 Read Now >

Orange/Iliad/Bouygues: French Telecom Merger to Lead to Higher Prices, Consumer Group Warns

The proposed €20.35 billion split of French telecommunications operator SFR among the country’s three other major national peers will lead to higher prices and more consumer complaints, a leading French consumer organisation...

May 27, 2026 Read Now >

Antitrust Agenda: FTC, DOJ Officials Discuss Ways to Discourage Late Remedy Proposals; State AGs Formally Ask for Live Nation to Divest Ticketmaster Over Monopoly Concerns; Small Business Administration May Add Antitrust Focus; Harvard Law Professor Asks Congress to Regulate Supreme Court, Consider Adding Justices

FTC workshop discusses how to incentivize merger settlement negotiations. At the FTC’s “Eleventh-Hour Antitrust Remedy Proposals and Litigating the Fix” workshop last week, FTC and DOJ Antitrust Division officials, a U.S. district court judge and several former agency officials...

May 26, 2026 Read Now >

Senators Close to Releasing Bill That Would Allow NCAA Schools to Pool Media Rights

Senators Maria Cantwell, D-WA, and Ted Cruz, R-TX, are closing in on introducing a bill that will provide colleges and universities with an antitrust exemption so they can pool media rights to obtain greater broadcasting revenues, two sources told The Capitol...

May 22, 2026 Read Now >

Ocean Carriers Breaking Federal Law to Raise Profits Amid Iran War, Industry Groups Claim

Major ocean carriers are using Iran-war-related disruptions as cover to charge fees that exceed their increased costs in defiance of U.S. shipping laws. The practice mirrors the carriers’ behavior during the COVID-19 pandemic and the Red Sea crisis, when carriers exploited disruptions...

May 22, 2026 Read Now >

Corteva: Justice Department Filing Highlights Unique Seed Industry Consolidation Vulnerabilities

A Department of Justice filing in a legal battle that could determine whether competitors can break into the concentrated seeds industry underlined the patent system’s role in entrenching dominant players at the top of the...

May 19, 2026 Read Now >

EU Rules Aimed to Help Users Fight Platform Censorship—But Activists, Businesses Say It’s Getting Worse

Republicans in Washington often call the EU’s digital platform rules online censorship. For those working in adult industries, sex education and women’s health, the rules should be a tool to combat suppression of lawful speech online – but many say restrictions on their posts and...

May 19, 2026 Read Now >

DOJ Launches Criminal Antitrust Probe into Claritev

DOJ’s antitrust division has launched a criminal price-fixing investigation into Claritev (CTEV), previously known as MultiPlan, a pricing intermediary that major health insurers use to set reimbursement rates for out-of-network medical claims, sources familiar with the matter...

May 14, 2026 Read Now >

Live Nation: Democrats Plan Hearing on Controversial DOJ Settlement, Which Could Preview Oversight They’ll Conduct If Mid-Terms Return Them to Power

Democratic congressional leaders are planning a Monday hearing in Washington, D.C., to examine the alleged political maneuvering that led to DOJ’s settlement with Live Nation Entertainment (LYV), sources familiar with the matter said. The hearing could provide a glimpse of the future...

May 13, 2026 Read Now >

FCC General Counsel Candeub Emerges as Leading Contender for Top DOJ Antitrust Post

Adam Candeub, the Federal Communications Commission’s general counsel, has emerged as a leading candidate to be nominated to lead DOJ’s antitrust division, sources familiar with the matter said. Candeub as well as Adam Cella, a senior House GOP counsel, and Michael Murray, a...

May 08, 2026 Read Now >

The European Antitrust Agenda: Merger Guidelines Offer Clarity to Startup Buyers and Consider Workers’ Rights

Welcome to The European Antitrust Agenda, brought to you by Europe Executive Editor Javier Espinoza and Senior Correspondents Lydia O’Neal, Barbara Pianese, Joanna Sopinska and Catherine Stupp. This week, we look at the leaked draft of the EU’s forthcoming merger guidelines. A boon...

Apr 28, 2026 Read Now >

Publishers Urge EU to Take ‘Immediate’ Measures to Tackle Meta Scam Ads Under Digital Rules

European publishers are urging EU officials to act quickly to force Meta (META) to stop the proliferation of fraudulent advertisements impersonating reporters and media outlets across its platforms in a memorandum to the European Commission seen by The Capitol...

Apr 22, 2026 Read Now >

House Judiciary Panel Counsel Cella, Paul Hastings Partner Murray Emerge as Early Contenders to Become DOJ Antitrust Head

Adam Cella, a senior House GOP counsel, and Michael Murray, who served at DOJ during President Donald Trump’s first term, have emerged as early contenders to take over the department’s antitrust division, sources familiar with the matter said. Cella is chief counsel for the House...

Apr 20, 2026 Read Now >

JD.com/Ceconomy: JD.com Set to File EU Foreign Subsidies Notification Shortly for Ceconomy Takeover, Sources Say

China’s e-commerce group JD.com (9618: HK) plans to file a notification shortly under the EU’s Foreign Subsidies Regulation (FSR) of its takeover bid for Germany’s electronics retailer Ceconomy (CEC: GY), according to two people familiar with the matter. The move forms part of the...

Apr 20, 2026 Read Now >

Private Equity Investment in Clinical Trial Sites Raises Potential Antitrust, CPOM Concerns

Private equity’s growing interest in clinical trial sites and services raises questions about how increased consolidation will impact the cost and sustainability of pharmaceutical research and development (R&D), and this trend could implicate both antitrust law and state Corporate...

Apr 17, 2026 Read Now >

European Proposals for Social Media Bans Create Pressure on VPNs

Plans to restrict children’s access to social media have been sprouting around Europe in the last few months, raising questions about whether kids could easily get around such bans. The attention is making virtual private network (VPN) providers...

Apr 16, 2026 Read Now >

LeadsOnline: Former Employee Voices Monopoly Concerns, Citing Anticompetitive Mergers, Price Increases

LeadsOnline, a private equity–backed provider of crime data and forensic tools, has acquired such firm control of the markets in which it operates that a former account executive says the company may need to be broken...

Apr 16, 2026 Read Now >

Dismissal of News Publisher Suit Against Google’s AI Summaries Is Setback, Not Death Knell, For Parallel Penske Case; European Regulators Eye Opt-outs

Google’s (GOOG) victory over a lawsuit from two local news publishers accusing the company of leveraging its search monopoly to misappropriate online news content is a clear setback for Penske Media Corporation’s parallel lawsuit before the same judge: U.S. District Judge Amit...

Apr 16, 2026 Read Now >

DOJ Antitrust Chief Assefi and Dhillon, Department’s Civil Rights Head, Consider Leaving for Private Practice; Dhillon’s Departure Hinges on Whether She Gets No. 3 Post

More personnel changes may be in store at DOJ following Attorney General Pam Bondi’s firing. Omeed Assefi, the department’s acting antitrust head, is considering leaving for private practice, sources familiar with the matter said. And Harmeet Dhillon, assistant attorney general for...

Apr 14, 2026 Read Now >

Paramount Skydance/Warner Bros. Discovery: Booker Schedules Wednesday Hearing on Deal Featuring Labor, Media Witnesses

This article has been updated to include Paramount Skydance’s response to Booker’s invitation for CEO David Ellison to testify. Senator Cory Booker, a critic of Paramount Skydance’s (PSKY) proposed acquisition of Warner Bros. Discovery (WBD), has scheduled a hearing today on the $81...

Apr 13, 2026 Read Now >

Volvo Car, Polestar—European Automakers with Chinese Ties—Face Ban from U.S. Market Over Wireless Connection Rule

Volvo Car (VOLCAR-B) and Polestar (PSNY)—two automakers with ties to Chinese ownership—face potential exclusion from the U.S. market under a national security rule covering virtually every modern vehicle that targets not just where cars are built or who writes their software, but who...

Apr 09, 2026 Read Now >

The European Antitrust Agenda: Divisions Eclipse EU-U.S. Digital Rule ‘Dialogue’; CMA Microsoft Probe Tests Soft Approach on Big Tech

Welcome to The European Antitrust Agenda (…) Ronan Scanlan, partner at Steptoe, told The Capitol Forum that the CMA appears to be taking a pragmatic approach, accepting voluntary commitments instead of imposing remedies or opening a lengthy SMS investigation into the cloud sector....

Apr 07, 2026 Read Now >

Merger Monthly: With FCC, DOJ Aid, Nexstar’s Rush-Close Strategy Worked—Until it Didn’t; Outlook for Key Transactions Including Boston Scientific /Penumbra, Paramount Skydance/Warner Bros. Discovery, and Providence Equity Partners/Cantaloupe

Nexstar’s (NXST) March 19 decision to close its $6.2 billion purchase of Tegna over pending lawsuits from eight state attorneys general and DirecTV was one of the most aggressive maneuvers by an acquiring party in recent memory. But the more consequential story may be what deal...

Apr 01, 2026 Read Now >

Booking CEO Warns Google’s Gemini, ChatGPT Could Squeeze Out Small Hotels

Booking (BKNG) CEO Glenn Fogel raised fresh concerns about the influence of artificial intelligence tools like Google’s (GOOG) Gemini on how people find hotels online and said he’s happy regulators are scrutinizing the search giant’s AI-generated answers to search queries under...

Mar 25, 2026 Read Now >

Antitrust Agenda: HPE/Juniper Tunney Act Hearing Set for 1pm ET Today; State Attorneys General Group Signals Need for Companies to Cooperate on Merger Investigations; Analysis of Past Comments from Fertilizer Executives Amid Price Spikes; Acting DOJ Antitrust Division AAG Omeed Assefi Talks Press Criticism

Preview of HPE/Juniper hearing. U.S. District Judge P. Casey Pitts of the Northern District of California will hear arguments today on whether to approve under the Tunney Act DOJ’s motion to finalize its settlement in the Hewlett Packard Enterprise/Juniper Networks case. At 1:00 p.m....

Mar 24, 2026 Read Now >

Paramount Skydance/Warner Bros. Discovery: EC Asks Questions Related to Foreign Subsidies Probe, Sources Say

The European Commission has sent fresh requests for information (RFIs) to Paramount Skydance (PSKY) as part of its foreign subsidies investigation into the company’s proposed $81 billion acquisition of Warner Bros. Discovery (WBD), according to two sources familiar with the probe. The...

Mar 24, 2026 Read Now >

Live Nation: State AGs Present Settlement Counterproposal, Await Company’s Response

The coalition of 33 states continuing the monopolization lawsuit against Live Nation Entertainment (LYV) delivered today a counterproposal for a settlement to the company earlier this week, their counsel told the judge overseeing the trial. Live Nation confirmed it’s reviewing the offer...

Mar 20, 2026 Read Now >

Federal Reserve Policy: Warsh’s Pursuit of Quantitative Tightening Faces Myriad Political and Market Constraints

Kevin Warsh, President Donald Trump’s nominee to chair the Federal Reserve, has said that he wants to reduce the Fed’s “bloated” portfolio of assets and has asserted that quantitative easing (the Fed policy of buying assets like Treasuries and mortgage securities) has led to...

Mar 19, 2026 Read Now >

Live Nation: Bipartisan Group of State AGs Vows to Fight on Despite DOJ’s Proposed Settlement with Entertainment Giant

Democratic and Republican state attorneys general said the proposed settlement between DOJ and Live Nation Entertainment (LYV) to resolve the company’s alleged antitrust violations is insufficient and they’ll continue the monopoly...

Mar 09, 2026 Read Now >

EU Preparing First Google Fines Under Digital Rules as Soon as This Month, Sources Say

The European Commission is preparing two fines against Google (GOOG) for alleged breaches of the EU’s digital competition rules as soon as this month, according to three sources familiar with the matter. The long-awaited final decisions mark the first penalties for the technology giant...

Mar 09, 2026 Read Now >

Live Nation: Trial Spotlights Scope of Entertainment Giant’s Influence and Alleged Abuses to Keep Grip on Industry

DOJ’s closely watched antitrust case against Live Nation Entertainment (LYV) and its ticketing arm, Ticketmaster, went to trial today in a lawsuit that could reshape competition in the U.S. live entertainment industry for years to...

Mar 02, 2026 Read Now >

Bayer: DOJ Deepens Corn and Soybean Seeds Probe By Issuing CIDs to Agriculture Giants, Independent Seed Companies

DOJ issued civil investigative demands (CIDs) last week to agriculture companies, sources familiar with the matter said—signaling that its antitrust probe of the corn and soybean seeds sectors is deepening. The rest of this publication is currently locked and only available to...

Mar 02, 2026 Read Now >

Tech/Media/Telecom Weekly: Profit Boom for Memory Chip Oligopoly Set to Continue in Short Term as Sources in National Security Community Say Policymakers are Unlikely to Soften Stance Toward Chinese Memory Chip Companies

The TMT Weekly is a forward-looking tipsheet that covers tech policy across The Capitol Forum’s U.S. policy coverage universe, from Congress to the Courts. In this edition: National Security Outlook: Profit boom for memory chip oligopoly set to continue in short term: Sources in...

Feb 25, 2026 Read Now >

EU Cookie Banner Cleanup Plan Faces Conflicting Pushback, Echoing Tensions That Tanked Past Efforts

The European Commission’s plan to relieve internet users of much-hated cookie consent banners is generating intense and, in some cases, conflicting opposition from a variety of interests, throwing its future – and at the very least its objective – into doubt. As parliamentarians and...

Feb 24, 2026 Read Now >

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