Jurisdiction archive - The Capitol Forum

Siemens/Altair: Parties’ Deep Chinese Ties, Industry Consolidation Could Trigger SAMR Review; Company Spokesperson Says Deal Should Obtain Clearances

Siemens’s $10.6 billion bid for Altair Engineering could trigger a review by the Chinese antitrust authority due to both companies’ deep business ties to the Asian country and ongoing consolidation in the design simulation software sector, China-based lawyers and industry analysts...

Nov 11, 2024 Read Now >

Trump Specter Over Broadcast Licenses Meets Shifting Sentiment Inside FCC

Donald Trump has threatened to pull TV networks’ licenses while promising to end the independence of the Federal Communications Commission and bring it under his...

Nov 11, 2024 Read Now >

UnitedHealth/Amedisys: DOJ Leans Toward Suing to Block Deal as Early as This Week

DOJ is leaning toward suing to block UnitedHealth Group’s (UHG) proposed $3.3 billion acquisition of home health care rival Amedisys (AMED) as soon as this week, sources familiar with the matter...

Nov 11, 2024 Read Now >

Dentsply Sirona: Internal Company Email Discloses That Sales of Byte Aligners Will Not Resume in Near Term; Company to Conduct Layoffs

An internal email sent to staff of at-home dental aligner company Byte, a subsidiary of Dentsply Sirona (XRAY), indicates that the company does not intend to market its products to new customers in the near term and will conduct layoffs to sales, marketing, and production...

Nov 07, 2024 Read Now >

Money-Laundering Ring Opened Phony Accounts with Wells Fargo, Bank of America, Chase, Crypto Platform

Colombian drug gang members opened bogus accounts at Wells Fargo, JPMorgan Chase, Bank of America and crypto-currency firms Coinbase and Binance to launder millions of dollars, according to court...

Nov 07, 2024 Read Now >

Trulieve: Cannabis Retailer Allegedly Shares Users’ Personal Information With Adtech Companies for Marketing Services

Some online health service providers share users’ potentially sensitive health information with adtech companies and third-party advertisers for marketing purposes—a practice that has drawn increasing scrutiny from the Federal Trade Commission and is allegedly engaged in by medical...

Nov 06, 2024 Read Now >

Trucking Advocacy Groups Send Letter to FTC Alleging Price Fixing and Anticompetitive Behavior from Freight Brokers

Four trucking advocacy organizations sent a letter to the FTC, alleging that the behavior of freight brokers—the middlemen connecting truckers, or carriers, with the shippers who want to hire them to transport a load—is anticompetitive and contributing to unfair labor...

Nov 06, 2024 Read Now >

Privacy Policy Update: CPPA to Review Proposed Dark Pattern Regulations at November Board Meeting

The California Privacy Protection Agency (CPPA) will discuss proposed changes to the California Consumer Privacy Act (CCPA) Regulations, including new examples of dark patterns and requirements for companies to comply with the law, at its board meeting on November...

Nov 06, 2024 Read Now >

Rio Tinto/Arcadium Lithium: Proposed Acquisition of Critical U.S. Lithium Producer Likely to Face Intense National Security Review

Anglo-Australian mining giant Rio Tinto’s (RIO) proposed $6.7 billion acquisition of Arcadium Lithium (ALTM), which produces a key component of the rechargeable batteries used in electric vehicles, energy and military technologies, and mobile devices, likely will face intense scrutiny...

Oct 25, 2024 Read Now >

Aveanna: Inspectors Find Home Health Company Providing Insufficient Services for High-Need Patients; Fort Wayne Location Sanctioned for Neglect of Patient

Home health company Aveanna (AVAH) provides in-home healthcare to some of the most “medically complex, high-cost patient populations,” according to the company’s SEC filings. Those patients often require round-the-clock nursing care and help with activities such as bathing and...

Oct 25, 2024 Read Now >

Dentsply Sirona: Company Suspends Worldwide Sales of Byte Aligners, Citing Potential for Patient Injuries and Discussions With the FDA

Dentsply Sirona (XRAY), the parent company of at-home orthodontic treatment Byte, announced yesterday that it was voluntarily suspending the sales of Byte aligners and impression kits. On a phone call this morning, Dentsply Sirona CEO Simon Campion told investors that the suspension was...

Oct 25, 2024 Read Now >

Fair Isaac Corporation: Risk of Government Intervention Appears to Have Emboldened Company to Increase Price on Mortgage Industry; New Policy Could Further Entrench Company’s Hold on the Industry

After several recent price hikes on credit scores used in the mortgage lending business, the Fair Isaac Corporation (FICO) is rumored to be readying yet another increase at the start of 2025—a move that will again leave customers with no recourse because of the entrenched nature of the...

Oct 23, 2024 Read Now >

IBM/HashiCorp: FTC Asks Industry Players About Potential Foundation Remedy to Ensure Open-Source Access to Terraform, Vault

The FTC has asked software industry participants whether their concerns with IBM’s proposed $6.4 billion acquisition of HashiCorp would be addressed by placing the target firm’s cloud management software within a foundation that would guarantee open-source access to the products,...

Oct 14, 2024 Read Now >

Financials Friday: Banks Hope Delay on Debit Card Rule Signals Fed Wavering; Trump Advisor Proposes Appointing ‘Shadow’ Fed Chair to Undercut Powell; TD Bank Pays $3 Billion and Caps Assets to Settle Money Laundering Charges; Real Estate Broker Warns of ‘Catastrophic’ Litigation if Industry Abandons Mandatory MLS Listings

It’s been nearly a year since the Federal Reserve proposed lowering the costs of debit card swipe fees and big banks hope the delay might mean the proposal is in trouble. The Fed capped swipe fees at 21 cents plus a small fraction of the transaction amount back in 2011. For more than a...

Oct 11, 2024 Read Now >

Brookfield: Post-Acquisition Dividends and Restructuring Removed $3.8 Billion From Retirement Security Insurer; Assets Moved Out of the Direct Reach of Policyholders and Regulator

Stockholder dividend-taking and a rapid growth in American National Insurance Company’s annuity business leaves policyholders’ retirement security at risk, a Capitol Forum investigation has...

Oct 10, 2024 Read Now >

Health Care Antitrust Weekly: Powerful Republican Senator Excoriates FDA Over Orange Book Inaction; Democratic Senators Urge FTC to Scrutinize New PBM Vertical Integration Play; Surescripts Deal with PE Alarms Pharmacists

HELP Committee ranking member lambasts FDA Commissioner for inaction on clarifying patent listing requirements on the FDA Orange Book. Echoing concerns raised by industry stakeholders, Bill Cassidy (R-LA) wrote a letter to the FDA saying the agency’s reticence has resulted in the FTC...

Oct 09, 2024 Read Now >

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...

Oct 08, 2024 Read Now >

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,...

Oct 07, 2024 Read Now >

T-Mobile/UScellular: DOJ Asks Industry Players About Fate of Spectrum Not Part of Deal, Rural Service Overlaps

DOJ staff attorneys reviewing T-Mobile US’s (TMUS) proposal to buy most of regional telecommunications operator United States Cellular (USM) are asking industry participants not only about the competitive impact of the $4.4 billion transaction but also who could buy the spectrum...

Oct 07, 2024 Read Now >

Zeta Global: Company’s Practices Mirror Those Identified as Problematic in Recent FTC Report, Potentially Exposing Company to Regulatory Risk

Marketing technology companies like Zeta Global Holdings Corp. (ZETA) use extensive web tracking tools and third-party data brokers to amass profiles on millions of individuals, then utilize artificial intelligence to make inferences about potentially sensitive personal interests for...

Oct 04, 2024 Read Now >

BIOSECURE Act Could Aid U.S. Contract Research Organizations Hurt by Monkey Supply Chain Disruption; Supporters Target Passage in Must-Pass Defense Bill

U.S. drug development companies known as contract research organizations (CROs) continue to be stymied by supply chain issues for the monkeys used in pharmaceutical testing, after having lost access to two major sources of these animals in recent...

Oct 03, 2024 Read Now >

Blue Bird Corp.: Federal Funding for EV Busses Rejected by School Districts After Program Changes; EPA Aims to Lower Bus Prices Could Hurt Company Bottom Line

A federal program that helps school districts swap diesel buses for electric or propane-powered replacements has been a boon to school bus manufacturer Blue Bird Corp. (BLBD), providing generous subsidies to soften the sticker shock that might have otherwise steered districts away from...

Oct 02, 2024 Read Now >

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...

Oct 01, 2024 Read Now >

Tapestry/Capri: In Closing Arguments, FTC Points to Paper Trail Showing Intense Head-to-Head Competition While Defense Attacks Agency’s Economic Analysis

On the final day of arguments in the FTC’s effort to block the acquisition of American fashion house operator Capri (CPRI) by rival Tapestry (TPR), agency attorneys emphasized how the $8.5 billion deal could harm working- and middle-class women who buy so-called accessible-luxury...

Sep 30, 2024 Read Now >

FTC’s Proposed Overhaul of PBM Payments May Shift Conversation in Congress to Structural Remedies, Lawmakers Say

Shortly after the Federal Trade Commission (FTC) filed its long-anticipated lawsuit against the “Big Three” pharmacy benefit managers (PBMs), lawmakers told The Capitol Forum that there’s a strong likelihood of Congress passing legislation that would overhaul the PBM business model...

Sep 30, 2024 Read Now >

Illumina/Grail: Court Ruling Marks a Setback, Not a Death Knell, for EU Merger Referrals, Experts Say

Illumina’s (ILMN) resounding court victory last week over a European Commission decision to block its $8 billion takeover of Grail (GRAL) marks a serious blow to the regulator’s attempt to scrutinize sensitive deals that fly under its merger-revenue thresholds. But the EU enforcer has...

Sep 09, 2024 Read Now >

Hims & Hers Health: Former Pharmacists Raise Concerns Regarding Patient Safety and Compounding Practices

Former employees who worked in the pharmacies of telemedicine company Hims & Hers Health (HIMS) told The Capitol Forum that the volume of daily prescriptions the company expected them to fill meant that they could not appropriately perform routine safety checks on those prescriptions....

Aug 29, 2024 Read Now >

Harris’s Record, Statements Draw Praise, Concern From Those Seeking Continued Aggressive Antitrust Enforcement

Kamala Harris, newly elected as California attorney general, grinned and murmured “cha-ching” as she discussed with her staff a price-fixing case that would bring in more than $1 billion in...

Aug 28, 2024 Read Now >

Kroger/Albertsons: FTC Uses Supermarket Agreements to Try to Show Stores’ Competition for Unionized Workers

For a transcript of the most recent available proceeding please click here, and our library of additional transcripts and exhibits can be found under the “Source Documents” heading here. The FTC today in the trial on the agency and states’ suit to block Kroger’s (KR) $24.6...

Aug 28, 2024 Read Now >

Alaska/Hawaiian: DOT, States Seek Remedies as Department Considers Merger Application

The Department of Transportation and some states are seeking remedies from Alaska Airlines (ALK) in its bid for Hawaiian Airlines (HA) as the carriers submit to DOT’s review of their $1.9 billion deal, sources familiar with the matter...

Aug 28, 2024 Read Now >

Harrow: Former Employees Raise Concerns About Sampling, Rebating Practices for IHEEZO Eye Medication

Last quarter, emerging branded pharmaceutical company Harrow (HROW) disclosed that unit demand volumes for its ocular anesthetic IHEEZO nearly doubled from the previous quarter up to 30,016 from 15,176...

Aug 27, 2024 Read Now >

The Bancorp Inc: Company Downgraded $87 Million in Real Estate Bridge Loans Last Quarter; After 2019 and 2022 Enforcement Actions, Recent Bancorp Transactions Could Raise Red Flags at SEC

The Bancorp, Inc. (TBBK) quietly downgraded $87 million in real estate bridge loans (REBL) last quarter and may be extending concessions to more of these loans than disclosed, according to a Capitol Forum review of Bancorp’s filings and earnings call...

Aug 23, 2024 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 >

JIC/Shinko: SAMR Review Could Delay Tender Offer for Computer Chip Components and Packaging Maker

A review by China’s antitrust regulator could delay the government-backed Japan Investment Corporation’s (JIC) anticipated $4.7 billion tender offer for computer chip packaging and components maker Shinko Electric Industries (TSE: 6967), sources familiar with the matter...

Aug 20, 2024 Read Now >

T-Mobile/Metronet: German-Owned Company’s Pattern of Telecom Acquisitions Will Likely Concern CFIUS, Experts Say

Telecommunications giant T-Mobile US’s (TMUS) ambitious 50/50 joint venture with private equity giant Kohlberg Kravis Roberts (KKR) to acquire U.S. fiber Internet provider Metronet raises concerns that could lead to an extended U.S. national security review, experts...

Aug 16, 2024 Read Now >

House Proposes Overhaul of PBM Payment Model; End-of-Year Package Could Include PBM Legislation

Amid growing bipartisan scrutiny of pharmacy benefit managers (PBMs), House members have proposed a bill that would overhaul the PBM business model and more tightly regulate how the controversial health care middlemen reimburse pharmacies for prescription drug...

Aug 07, 2024 Read Now >

Verisign in Period of Uncertainty as US Launches Price Review

Verisign (VRSN) is entering a period of uncertainty over its primary source of revenue as the U.S. government has signaled that it wants to change an agreement that lets the sole .com registry operator levy hefty price increases while maintaining high operating...

Aug 06, 2024 Read Now >

Trump, Harris Likely to Pursue Different CFIUS Approaches to Achieve Common Goal: Confronting China

Regardless of who wins the U.S. presidential race in November, foreign investors attempting to purchase American assets can expect more government scrutiny than ever before—especially if the buyers are from...

Aug 02, 2024 Read Now >

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,...

Jul 23, 2024 Read Now >

Vance’s Letter to FTC on HSR Form Review Suggests Interest in All-of-Government Approach to Competition, Even as Friends in Silicon Valley and the Republican Platform Call for Return to Laissez-faire Approach

J.D. Vance, the Ohio senator chosen by former President Donald Trump as his running mate on Monday, has broken ranks with his party in praising aggressive antitrust enforcement and said in March that FTC Chair Lina Khan was “doing a pretty good job.” Vance, who rose to fame with his...

Jul 18, 2024 Read Now >

SAMR, In Proposed Guidance, Stresses Horizontal Deals’ Likely Impact On Chinese Economy

China’s antitrust authority last week stressed in its proposed new guidance on horizontal merger reviews that it will consider a deal’s impact on the country’s economy, indicating the importance industrial policy and political interests increasingly are playing in the...

Jun 24, 2024 Read Now >

The Antitrust Agenda: Open Markets Event Thursday; Walmart Says “No Such Thing as Big Grocery” in Fight Vs. RPA; Mullins Discusses Book, Series on Josh Wright; FTC Commissioners Back New Patent Office Rule

Open Markets Institute event on the information crisis this Thursday from Noon to 5:30PM. The event is titled “Fixing the Information Crisis Before it’s too Late (for Democracy),” and it will be free to livestream or attend at the National Press Club in Washington,...

Jun 24, 2024 Read Now >

Uber/Foodpanda: Taiwanese Regulator Meets With Restaurant Operators, Drivers Amid Concerns About Worse Service, Lower Pay

In examining Uber Technologies’ (UBER) proposed acquisition of Delivery Hero’s (DHER) Foodpanda business, Taiwan’s competition regulator met this week with industry participants such as restaurant chain operators and drivers, who have complained about the $950 million deal leading...

Jun 21, 2024 Read Now >

Six Flags/Cedar Fair: DOJ Leaning Toward Clearing Amusement Park Merger Unconditionally

DOJ is leaning toward clearing unconditionally Six Flags Entertainment (SIX) and Cedar Fair’s (FUN) proposed $8 billion merger of equals, according to sources familiar with the...

Jun 21, 2024 Read Now >

IBM/HashiCorp: FTC Staff Probing Potential for Reduced Competition, Innovation in Cloud Software, Encryption Tools

FTC staff investigating IBM’s (IBM) proposed acquisition of HashiCorp (HCP) is asking industry participants whether customers of HashiCorp’s multi-cloud and encryption management software could switch to viable alternatives after the merger if they so desired, and whether the $6.4...

Jun 20, 2024 Read Now >

AirSculpt: Lawsuit Brought by Family of Woman Who Died After Fat Removal Procedure Can Proceed, Judge Rules

A lawsuit brought by the family of a woman who died after receiving a fat removal procedure at an AirSculpt (AIRS) clinic can proceed, a California court ruled, rejecting an attempt by the company to have portions of the lawsuit thrown...

Jun 18, 2024 Read Now >

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...

Jun 17, 2024 Read Now >

Broadcom’s VMware Unit Caught Up in French Litigation Brought by 3 Customers Over Cloud License Changes

Three French companies—Oxya, Thales (EUF: HO) and Saint-Gobain Group (EUF: SGO)—are pursuing lawsuits against Broadcom’s (AVGO) subsidiary VMWare for allegedly breaching contract law in France by revamping its cloud software’s licensing...

Jun 14, 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 >

Pharma Lobby Touts Threat to CHIPS Act in Fight Against ‘March-In’ Authority, Despite Little Evidence*

A Department of Commerce proposal to bolster the government’s authority over inventions it helped fund has set off alarms across the pharmaceutical industry, prompting lobbyists associated with large drugmakers to seek allies in other sectors that similarly draw on public...

Jun 13, 2024 Read Now >

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