Antitrust Policy archive - The Capitol Forum

Energy Antitrust Weekly: Chesapeake/Southwestern Deal Gets Second Request; FTC Releases Statement Approving Global Partners, Gulf Oil Acquisition and Protecting Maine Home Heating Oil and Diesel Buyers; HSR Period Expirations for Chord/Enerplus and Sunoco/NuStar

Second request pushes Chesapeake/Southwestern deal back. Chesapeake Energy Corporation (CHK) and Southwestern Energy Company’s (SWN) planned merger received a second request from the FTC on April 4, with regulators seeking more information about the impacts of a merger that’s expected...

Apr 11, 2024 Read Now >

Health Care Antitrust Weekly: Becerra May Depart HHS; Updates on HHS and FTC’s Push to Combat Drug Shortages; FDA to Tackle Competition in Drug Markets; Scrutiny of MultiPlan Continues

This article has been updated for clarity. HHS Secretary Xavier Becerra may run for governor of California in 2026. HHS Secretary Becerra is thinking about leaving the White House after the presidential election this November with the goal of running for governor of California in 2026,...

Apr 10, 2024 Read Now >

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...

Apr 09, 2024 Read Now >

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...

Apr 08, 2024 Read Now >

VMware Customers Urge EC to Freeze Broadcom’s New Contract Terms on Software and Launch Investigation into Alleged Abuses

VMware customers are pressing the European Commission to impose interim measures on Broadcom (AVGO) that put a hold on allegedly onerous contractual changes the company has made since acquiring the virtualization software last year and allow users who felt pressured to sign the new...

Apr 05, 2024 Read Now >

Fintech Policy: Center for Responsible Lending Report Highlights Hidden Costs Associated with Small-Dollar Loans Made Through On-Demand Cash Advance Apps

Amidst increasing regulatory scrutiny of the hidden costs associated with earned wage access (EWA) and cash advance products, the Center for Responsible Lending (CRL), a non-profit research and policy advocacy group, on Wednesday issued a report entitled “Not Free: The Large Hidden...

Apr 05, 2024 Read Now >

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....

Apr 01, 2024 Read Now >

Chinese Academics Recommend AI Act Should Give Government Power to Remove Questionable Technology, Revoke Violating Companies’ Licenses

A new Chinese law regulating artificial intelligence should give the government the power to remove questionable uses of AI and revoke the licenses of companies that violate the legislation, according to a first draft of academics’ recommendations reviewed by The Capitol...

Mar 26, 2024 Read Now >

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...

Mar 26, 2024 Read Now >

UnitedHealth Group Uses Patients’ Claims Data to Target Loans to Doctors, Sources Say

UnitedHealth Group (UNH), whose potential misuse of insurance claims data led to a DOJ lawsuit two years ago, is using the information to target doctors as loan candidates, according to sources familiar with the...

Mar 22, 2024 Read Now >

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...

Mar 21, 2024 Read Now >

Absent General Dynamics Improvements, Pentagon Forecasts Year-Long Delay to Columbia-class Nuclear Submarine Program

The Navy is projecting a year-long delay to its No. 1 acquisition program, the Columbia-class ballistic missile submarine fleet, unless prime contractor General Dynamics Electric Boat (GD) makes significant performance improvements, two sources told The Capitol...

Mar 11, 2024 Read Now >

Antitrust Agenda: Shaheen’s Proposed $45 Million Cut to DOJ Budget Could Boost Big Tech; Republican FTC Nominees Still on Hold; JetBlue Abandons Spirit Merger; Goodlander Departs DOJ

AELP’s Stoller points out how Shaheen’s new spending bill language makes $45 million cut to DOJ antitrust division’s budget. Matt Stoller, research director for the American Economic Liberties Project, wrote in the latest edition of his newsletter, BIG, that new language in...

Mar 04, 2024 Read Now >

As CHIPS Act Money Is Set to Be Distributed, Experts See Pivotal Point in Establishing U.S. Market Structure for the Long Term, Creating High Stakes for Intel, TSMC, Broadcom, Qualcomm, Nvidia, Micron, and Texas Instruments

Last week, the Department of Commerce announced the largest disbursal of CHIPS Act funding yet: $1.5 billion, going to U.S. chipmaker GlobalFoundries Inc (GFS). Other domestic manufacturers, particularly Intel (INTC), are set to receive billions more in the coming...

Mar 01, 2024 Read Now >

PBMs’ Adoption of GoodRx is ‘Algorithmic Price-Fixing’ that Harms Independent Pharmacies, Critics Allege

Pharmacy benefit managers have launched new partnerships with GoodRx (GDRX), representing yet another tactic aimed at undermining financially strapped independent drugstores, industry experts critical of PBMs’ practices told The Capitol...

Feb 27, 2024 Read Now >

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...

Feb 23, 2024 Read Now >

Boehringer Ingelheim May Face Enhanced Legal Risk From FTC’s Orange Book Crackdown

The Federal Trade Commission’s efforts to police improper patent listings in the FDA’s Orange Book has created legal risk for asthma inhaler makers, particularly those who have faced challenges from generic companies looking to enter the market, according to...

Feb 23, 2024 Read Now >

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...

Feb 23, 2024 Read Now >

U.S. Judge in Google Adtech Case Vows to Keep Trial Starting September 9 as Open as Possible

U.S. District Judge Leonie Brinkema vowed today that in the upcoming antitrust trial on Google’s (GOOGL) power in advertising technology, she would make as much information public as...

Feb 23, 2024 Read Now >

The “Anti-Davos” Sparks Debate Over Direction of EC Antitrust Enforcement; Antimonopoly Advocates Call for Cooperation Between US and Europe to Address Global Threats—Big Tech, Supply Chain Fragility, and Big Energy

Caffarra talks reaction and legacy. First and foremost, the architect of the conference, Cristina Caffarra, published a comprehensive recap and assessment, including this take on the lasting effect she hopes to see from the event: “The conference was groundbreaking, and the moniker...

Feb 21, 2024 Read Now >

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...

Feb 20, 2024 Read Now >

Antitrust Tech Tuesday: Dems Line Up to Support USTR; Even More Senators Support KOSA; FTC Protects Consumers from Scams, Proposes Additional Protections for AI-Generated Impersonations; DOJ Set to Investigate Sports Streaming Platform; Open Markets Institute Webinar on Journalism and Tech; FTC v. Amazon Trial Date

Democratic representatives in support of USTR digital trade policy. A group of 87 House Democrats led by Representative Rosa DeLauro (D-CT) sent a letter to the Biden administration on February 13 announcing their support for U.S. Trade Representative Katherine Tai’s...

Feb 20, 2024 Read Now >

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...

Feb 20, 2024 Read Now >

The European Antitrust Agenda: Vestager Backs Guersent in Competition ‘Side Dish’ Debate; Cardell Urges Merging Businesses to Forego Lobbying; EC Accuses Greek Electric Company of Possible Predatory Pricing

Greek electricity provider suspected of predatory pricing. Athens-based Public Power Corporation (PPC) may have violated EU antitrust rules when it sold wholesale electricity below cost, potentially pushing out rival generator companies, according to preliminary findings of a years-long...

Feb 12, 2024 Read Now >

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...

Feb 12, 2024 Read Now >

Letter to the Financial Times Editor from Open Markets Institute’s Barry Lynn

Letter to the Editor Financial Times From Barry Lynn, Open Markets Institute February 7, 2024 Director General Guersent is absolutely correct that the European Commission did admirable and important work in antitrust for many years, at a time when the Bush, Obama, and Trump...

Feb 07, 2024 Read Now >

Antitrust Tech Tuesday: Motion to Dismiss FTC v. Kochava Denied; Jury Trial Date Set in DOJ Adtech Case; Democratic Senators Introduce Legislation Aimed at Algorithms Used in Rental Price-Fixing

Judge denies motion to dismiss in FTC v. Kochava. U.S. District Court Judge B. Lynn Winwill denied Kochava’s motion to dismiss the FTC’s case against it, in an order filed over the weekend. The FTC filed its complaint against the mobile attribution company in 2022, amending it later...

Feb 06, 2024 Read Now >

SAMR’s New Tolerance For Some Tech Deals Creates Uncertainty, Strategy Shifts Among Companies

On January 1, Baidu (BIDU), operator of China’s most popular search engine, gave up on its three-year attempt to buy Joyy’s (YY) live-streaming business for $3.6 billion after failing to obtain approval from the country’s antitrust regulator. However, just four weeks later, the...

Feb 06, 2024 Read Now >

New AAI President Randy Stutz Aims to Strengthen Deterrence, Labor Enforcement, Relationship With Other Advocates

Randy Stutz, the new president of the American Antitrust Institute, said today that he plans to focus the venerable advocacy group’s energy on supporting enforcers’ deterrence capabilities, strengthening plaintiffs’ chances of winning in court and encouraging more litigation against...

Feb 01, 2024 Read Now >

Cloud Computing Giants Turn on Each Other as FTC Enforcement Looms

As the Federal Trade Commission looks to wrap up its in-depth probe into the cloud computing market, a report and subsequent possible enforcement represents a prime opportunity for the agency to make its mark on digital antitrust law. Microsoft Azure is at particular risk of FTC scrutiny...

Jan 26, 2024 Read Now >

Live Nation Entertainment: After Switch to Ticketmaster Rival, Live Nation-Promoted Shows Plunged at Barclays Center; Critics Say DOJ Behavioral Remedy Lacks Teeth to Curb Retaliation

Shows promoted by Live Nation Entertainment (LYV) dwindled at New York City’s Barclays Center after the arena ditched Ticketmaster as its primary ticketing company, but surged back once the arena reversed course, a Capitol Forum analysis shows. Allegations of retaliation have dogged...

Jan 24, 2024 Read Now >

Google Could See Fix Based on UK Telecom Case as Way to Avoid Adtech Divestitures

If the European Commission forges ahead with considering a breakup of Google’s (GOOG) digital advertising business, the search giant could seek the less intrusive remedy of establishing its adtech services as an independently operated business entity but still under the company’s...

Jan 23, 2024 Read Now >

Health Care Antitrust Weekly: HHS Appoints Stacy Sanders as Chief Competition Officer; FTC and DOJ Set to Add Staff to Health Care Teams

Antitrust Agency Health Care Agenda HHS appoints Stacy Sanders as Chief Competition Officer. As part of the Biden Administration’s strategy, announced in December, to crack down on drug pricing and corporate influence in health care, Department of Health and Human Services Secretary...

Jan 10, 2024 Read Now >

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,...

Jan 10, 2024 Read Now >

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...

Jan 08, 2024 Read Now >

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...

Jan 08, 2024 Read Now >

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,...

Jan 02, 2024 Read Now >

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...

Jan 02, 2024 Read Now >

Drugmakers Kaleo, Impax Labs Withdraw Patents Challenged by FTC; GlaxoSmithKline Takes on Legal Risk by Recertifying a Listing

After receiving notice letters from the Federal Trade Commission last month disputing certain drug patents, drugmakers Kaleo, Impax Laboratories (IPXL) and GlaxoSmithKline (GSK) have responded by withdrawing or recertifying challenged patent listings from the Orange Book, the Food and...

Dec 15, 2023 Read Now >

Drugmakers Who Verify Challenged Orange Book Listings Are Likely to Face Antitrust and Civil Racketeering Claims, Lawyers Predict

Drugmakers with allegedly improper patent listings in the Orange Book, the Food and Drug Administration’s publication of approved drug products, could face—among other repercussions—class action lawsuits for violations of antitrust and racketeering laws, experts told The Capitol...

Dec 14, 2023 Read Now >

FTC v. Amazon: Experts See Failure of Amazon Rival Jet.com as Valuable to Agency’s Case

The FTC’s recently unredacted Amazon (AMZN) antitrust complaint revealed the name of the company—rival discount e-commerce website Jet.com—that the agency said the tech giant ran out of business by wielding its dominance in online retail. “Amazon predicted that Jet’s business...

Dec 06, 2023 Read Now >

PNC CEO Demchak Eyes KeyBank, Comerica, Others For Possible Purchase, Seeks DOJ Input

PNC Financial Services Group (PNC) CEO Bill Demchak is considering a possible acquisition of KeyBank (KEY) or Comerica (CMA), among others, balancing the drive to grow his company with an awareness of heightened government antitrust concerns over the financial sector’s consolidation,...

Dec 04, 2023 Read Now >

Taking a Closer Look at Lantus, the Case Behind the FTC’s Crackdown on Improper Orange Book Listings

On November 7, the FTC disputed more than 100 patents on asthma inhalers, EpiPens and other drug products that the agency claimed were improperly listed in the Orange Book, a publication of FDA-approved drugs and drug products and their patent protections. The FTC sent letters to 10...

Nov 15, 2023 Read Now >

SAMR Investigates Patent-Licensing Practices in Auto Industry

China’s antitrust regulator is investigating potential antitrust violations regarding the licensing of vital communications technology patents to the country’s automakers, sources familiar with the situation said. The State Administration for Market Regulation launched the probe...

Nov 10, 2023 Read Now >

Tech/Media/Telecom Antitrust Weekly: Facebook Whistleblower Speaks Out; NAR Decision Could Impact Real Estate Tech Companies

Senate subcommittee hearing from Facebook whistleblower on social media and the teen mental health crisis. Former Facebook engineering director and Instagram consultant Arturo Béjar testified in front of a Senate Judiciary subcommittee on Tuesday, presenting internal documents stating...

Nov 07, 2023 Read Now >

EQT/Dechra Pharmaceuticals: Formal EC Review Likely to Begin in Next Few Weeks

A formal European Commission review of EQT’s 4.5 billion-pound ($5.5 billion) plan to buy Dechra Pharmaceuticals (DPH: LN) is likely to begin in the next few weeks, The Capitol Forum has learned. The private equity buyer unveiled the transaction on June 2 and investor speculation...

Oct 27, 2023 Read Now >

Danaher/Abcam: Deal Not Attracting Industry Complaints So Far in Sped-Up Review

Danaher’s (DHR) planned $5.7 billion acquisition of Abcam (ABCM) hasn’t generated significant industry complaints so far as China’s antitrust authority, under its sped-up review process, starts seeking public comment about the tie-up, sources familiar with the matter said. Due to...

Oct 26, 2023 Read Now >

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...

Oct 02, 2023 Read Now >

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...

Oct 02, 2023 Read Now >

Pull-and-Refiles Become Less Effective in Heading Off Second Requests on High-Profile Deals

Pfizer (PFE), Seagen (SGEN) and other companies have found that a once tried-and-true procedural tactic to avoid an extended government investigation of their high-profile deals is proving less effective with the Biden administration. As the FTC in June approached the end of its initial...

Sep 29, 2023 Read Now >

EDITOR'S PICKS

Read a selection of our subscriber-only news articles

Antitrust Policy | RECENT ARTICLES | EDITOR'S PICKS

FILTER BY