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Labor Thursday: FTC Continues No-Hire Crackdown, Boosting Workers’ Union Campaign at Planned Companies; Commission Tees Up Vote on Expanding Clayton Act Labor Exemption to Independent Contractors; UnitedHealth Moves to Dismiss DOJ Case

Labor Thursday: FTC Continues No-Hire Crackdown, Boosting Workers’ Union Campaign at Planned Companies; Commission Tees Up Vote on Expanding Clayton Act Labor Exemption to Independent Contractors; UnitedHealth Moves to Dismiss DOJ Case

FTC finds building services contractors’ no-hire agreement unlawful. The commissioners voted unanimously on Monday to order Planned Companies to cease its policies prohibiting building owners from hiring workers employed by Planned. The contractor’s no-hire rules are a violation of Section 5 of the FTC Act, the Commission said, because they restrict worker mobility, reduce compensation […]

Jan 09, 2025 Read Now >

DOJ Poised to Sue Thoma Bravo’s RealPage Over Price-Collusion Allegations as Early as Tomorrow

DOJ is poised to sue private equity firm Thoma Bravo’s RealPage as early as tomorrow over allegations that the company’s software has allowed landlords to collude in raising people’s rents, sources familiar with the matter...

Aug 22, 2024 Read Now >
FDJ/Kindred Group: Gambling Companies Urge French Competition Enforcer to Order Divestiture

French lottery operator Française des Jeux’s (EUF: FDJ) proposed buyout of online gaming company Kindred Group (STO: KIND) for 27.95 billion Swedish kronor ($2.65 billion) is being challenged by multiple gambling operators, who are urging the French competition regulator to reject the...

Jun 14, 2024 Read Now >
Tapestry/Capri: FTC Leaning Toward Suit, Focusing on Handbag Makers’ Close Competition

The FTC is leaning toward a lawsuit to block Tapestry’s (TPR) proposed $8.5 billion acquisition of handbag manufacturing rival Capri (CPRI), sources familiar with the matter...

Apr 12, 2024 Read Now >
Capital One/Discover: Merger Application Ignores Biggest Competition Risks, Antitrust Advocates Say

Capital One’s (COF) application laying out its $35.3 billion plan to buy Discover Financial (DFS) overlooks some of the risks that Biden administration regulators are most likely to scrutinize, antitrust advocates...

Mar 28, 2024 Read Now >
Globe Life: Agency Salespeople Are Likely Misclassified; Arbitration Provisions Obstruct Employees’ Access to Courts

Thousands of salespeople at agencies under American Income Life Insurance Company (AIL), a subsidiary of insurance giant Globe Life, Inc. (GL), are likely misclassified as independent contractors—denying them minimum wage, overtime, and a host of other benefits—employment law experts...

Mar 26, 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 >
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 >
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,...

Nov 08, 2023 Read Now >
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...

Oct 24, 2023 Read Now >
Health Care Antitrust Weekly: FTC Eyes Improperly Listed Patents in Orange Book; New Illinois Law Expands Targets Health Care Provider Consolidation

FTC set to issue statement on improperly listed patents in FDA’s Orange Book. The commission will consider whether to issue a policy statement regarding patent listings in the Orange Book at an open meeting tomorrow. We highlighted a report on the impacts of patent gaming on inhaler...

Sep 13, 2023 Read Now >
Khan Outlines FTC Support for Employees to Report Harassment Following Allegations Against Wright

This article has been updated slightly for clarity. FTC Chair Lina Khan, in the wake of allegations made against former Commissioner Joshua Wright, outlined steps this week that agency employees can take to report sexual harassment. In a memo yesterday to agency staff and her fellow...

Aug 16, 2023 Read Now >
Microsoft/Activision Blizzard: Novel Move Could Open Path for Clearance After Final Report That Avoids Independent Inquiry

The Competition and Markets Authority’s likely clearance of Microsoft’s (MSFT) proposed $68.7 billion Activision Blizzard takeover could open a new route for companies to receive approval for their deals by reversing a “final” prohibition and avoiding an independent group’s...

Jul 18, 2023 Read Now >
Zynex: Company’s Accounting Practices Raise Red Flags, According to Accounting Experts

The accounting practices of Zynex (ZYXI), a manufacturer of electrotherapy devices for pain management, are raising red flags with finance experts who questioned how the company is accounting for adjustments, allowances, and nonpayment of the claims it submits to insurers. According to...

May 24, 2023 Read Now >
Congressional Committee, Regulators Question Cigna System that Lets Its Doctors Deny Claims without Reading Patient Files

This article is published in partnership with ProPublica. This joint investigation won Silver in the Barlett & Steele Awards, which recognize excellence in investigative business journalism. A key congressional committee asked insurance giant Cigna on Tuesday to provide corporate...

May 16, 2023 Read Now >
CFPB March Complaint Data: Total Monthly Complaints Hit 12 Month High as Bureau’s Policy Statement on Abusive Acts or Practices Appears to Signal Paradigm Shift, Prioritizing Fair Dealing Over Consumer Sovereignty

Total monthly complaints submitted by consumers to the CFPB rose to 112,600 in March 2023, reflecting an approximately 30% increase from February and the highest total number of complaints over the past twelve-month period, as measured by The Capitol Forum. The categories with the largest...

Apr 20, 2023 Read Now >
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...

May 23, 2022 Read Now >
Merger Monthly: Delrahim’s Pre-Election Remedies Manual Revision Could Undercut DOJ Change Healthcare Case; Outlook for Key Transactions Including Microsoft/Activision, Norton/Avast, and II-VI/Coherent

Just two months before the 2020 election, Trump administration DOJ antitrust division head Makan Delrahim issued a revised merger remedies manual that upended the existing debate about whether—and when—the U.S. agencies would accept private equity divestiture purchasers. Not only...

Apr 06, 2022 Read Now >
II-VI/Coherent: SAMR Weighs Behavioral Remedy Proposal to Address Industry Excimer Laser Supply Concerns

Case handlers at China’s antitrust authority are evaluating whether a behavioral remedy package that optical components maker II-VI (IIVI) proposed in an effort to clinch its $6.8 billion bid for Coherent (COHR) is sufficient to address industry competition concerns with the tie-up,...

Mar 18, 2022 Read Now >
APA Corp.: Entity Operating APA Legacy Assets Appears to Overstate Revenues and Understate Retirement Costs, Investigation Shows; Securities May Not Shield APA from Liabilities

The entity created in a bankruptcy reorganization to operate and fund the retirement of APA Corp’s (APA) legacy assets in the Gulf of Mexico may face more than $400 million in revenue shortfalls from lower-than-forecast production by 2025, according to The Capitol Forum’s...

Sep 14, 2021 Read Now >
TransDigm: Capitol Forum Analysis of Contract Data Indicates Prices Increase at a Higher Rate after TransDigm’s Acquisitions

Pricing Analysis In order to provide more insight into TransDigm’s acquisition strategy, we attempted to quantify how a company’s pricing for military spare parts changes after TransDigm acquires the company. Using contract data from Haystack Gold and a sample of 2,156 parts (as well...

Feb 03, 2017 Read Now >

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