United States archive - The Capitol Forum

Safelite: Company Leverages Third Party Administration Dominance to Steer Claimants to Affiliated Glass Repair Shops, Industry Sources Say

Safelite Solutions—a third party administrator that manages auto glass repair claims for most top U.S. insurance companies—incentivizes employees to steer claimants to its affiliated glass repair shops, and has made it increasingly difficult for customers to take their claims to the...

May 01, 2025 Read Now >

LiveRamp: Marketplace Sells Hundreds of Child-Related Datasets as State Laws, FTC Move to Protect Kids’ Personal Information

Hundreds of audience “segments” sold on data broker LiveRamp Holdings, Inc.’s (RAMP) Data Marketplace offer advertisers the ability to target households based on the presence of children and teens—in some cases relying on potentially sensitive information like individuals’...

May 01, 2025 Read Now >

Roper Technologies’ Strata’s Information Sharing Practices, Tools for Health Care Providers, Could Bring Antitrust Scrutiny

Health care providers can access rivals’ detailed output data and receive customized pricing recommendations through Roper Technologies subsidiary Strata Decision Technology’s software tools, according to company marketing materials reviewed by The Capitol...

May 01, 2025 Read Now >

Experts Say Cuts to International Labor Oversight Undermine USMCA, Competitiveness of U.S. Small Businesses and Workers, Highlighting Main Street’s Frustration with Trump Agenda

Throughout the 2024 presidential campaign and first few months in office, President Donald Trump and his cabinet touted their ability to protect workers and small business. No longer is the priority to champion big business, they said. Trump’s policies would instead boost American...

May 01, 2025 Read Now >

U.S. tariffs on Chinese plastic manufacturers

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....

Apr 30, 2025 Read Now >

Hewlett Packard Enterprise/Juniper Networks: Pitts’ Skepticism About Corporate Power in Some Cases Could Favor DOJ, But Judge Also Has Sided With Tech Giants

U.S. District Judge P. Casey Pitts, who’s presiding over DOJ’s challenge to Hewlett Packard Enterprise’s proposed Juniper Networks buyout, has had little experience with antitrust cases since he reached the federal bench in 2023 and in his prior position as a public-interest...

Apr 25, 2025 Read Now >

U.S. v Google: Divesting Chrome Feasible, Not Burdensome, Computer Expert for DOJ Says

DOJ’s proposal that Google divest its Chrome browser is technically feasible, said a Harvard computer science professor appearing for the department in federal court...

Apr 25, 2025 Read Now >

PROS Holdings: Airline Price Optimization Platform Could Invite Antitrust Scrutiny, Private Lawsuits

Revenue management and pricing optimization platform PROS Holdings (PRO) could face legal scrutiny for its airline pricing solutions that, by replacing carriers’ independent competitive decision-making, opens the door for industry-wide coordination, a Capitol Forum investigation found....

Apr 24, 2025 Read Now >

As Scrutiny Over Alleged Anti-Competitive Pricing Gains Attention, Mortgage Credit Score Giant FICO Steps Up Lobbying

As elected officials and industry participants ramp up calls for an investigation into price hikes by Fair Isaac Corporation, the company is spending more money than ever to retain its position as Fannie Mae and Freddie Mac’s sole credit-score...

Apr 23, 2025 Read Now >

TSMC Poised to Extend Chip Manufacturing Monopoly into Advanced Packaging, Industry Participants Say

Taiwan Semiconductor Manufacturing Company (TSM) is poised to leverage its microchip manufacturing dominance to box competitors out of the increasingly important advanced packaging market, semiconductor industry participants told The Capitol Forum. TSMC has an effective monopoly in the...

Apr 16, 2025 Read Now >

FTC v. Meta: Trial That Could Break Up Social Network Giant to Show Clashing Views of Online Ecosystem

After a wait of more than four years, the trial of the FTC’s antitrust case against Meta begins today, pitting an enforcer bent on reining in Big Tech against a company defending past acquisitions that arguably hold the key to its...

Apr 14, 2025 Read Now >

President Trump’s Tariffs Could Cause Companies to Lower Ad Spend as Brands Look to Reduce Costs

Companies that are dependent on ad spend may see revenue drops as advertising budgets shrink due to President Trump’s tariffs, an escalating trade war with China, and lingering market uncertainty, a Capitol Forum investigation has...

Apr 14, 2025 Read Now >

Trump Tariff War Could Sink Hopes for Fannie, Freddie Privatization

Trade war market turmoil may doom efforts to sell off government-sponsored entities Fannie Mae and Freddie Mac, as deep-pocketed private investors feel the effect of the market rout and political support for further disruption to the mortgage market...

Apr 11, 2025 Read Now >

Universal Health Services: Hospital System Could Be at Risk if Congress, States Curb Supplemental Medicaid Payments

Universal Health Services (UHS), a health care management company that runs acute care and behavioral health facilities, could face financial risk if proposed policies targeting Medicaid supplemental payments—state reimbursements to hospitals that exceed the baseline Medicaid...

Apr 09, 2025 Read Now >

LiveRamp: Company Hosts Marketplace Selling Datasets that Target Millions of Americans Based on Sensitive Information, Military Status

Data broker LiveRamp Holdings, Inc. (RAMP) operates a vast digital marketplace that exchanges the personal information of hundreds of millions of individuals grouped into highly specific audience “segments”—many of which include potentially sensitive information denoting everything...

Apr 08, 2025 Read Now >

FTC’s Ferguson, DOJ’s Slater Signal Less Aggressive Merger Approach Than Biden Predecessors, Openness to Remedies

FTC Chairman Andrew Ferguson and DOJ antitrust chief Gail Slater today indicated they would take a less aggressive approach to merger enforcement than their Biden administration predecessors and be more willing to entertain remedies. “Healthy pro-competitive M&A that allows American...

Apr 02, 2025 Read Now >

Bancorp: Missed Deadline to File a Replacement Annual Report Raises More Red Flags, Experts Say; Weak Internal Controls Continue Despite Previous SEC Charges

When The Bancorp retracted its annual report on March 4, it said that it expected to meet the March 18 extended deadline to file an updated version. But that date came and went, and Bancorp provided no update to investors about the status of its annual...

Mar 31, 2025 Read Now >

Nippon Steel/U.S. Steel: Impending Proxy Fight at U.S. Steel Threatens a Still-Tenuous Trump-Backed Deal

The Trump administration is unlikely to sign off on any restructured deal between U.S. Steel (NYSE: X) and Japan’s Nippon Steel (Tokyo: 5401) until an activist hedge fund’s high-stakes play to replace the American company’s leadership and board is resolved, a Capitol Forum analysis...

Mar 28, 2025 Read Now >

Capital One/Discover Financial: DOJ Refocuses on How Deal Would Affect Borrowers Without Credit Histories; Divided Over Strength of Case

DOJ has refocused its review of Capital One’s (COF) proposed takeover of Discover Financial (DFS) on how the $35.3 billion deal could harm consumers with no credit history after determining it wouldn’t have a strong enough court case to block the transaction based on staff’s...

Mar 28, 2025 Read Now >

Universal Health Services: Review of State Inspection Records Finds Conduct That Could Result in Additional Lawsuits Against the Company, Potentially Resulting in Large Judgments

Last year, a jury awarded $535 million in damages to the family of a 13-year-old girl that was sexually assaulted during a 2020 stay at the Pavillion Behavioral Health System, an Illinois residential treatment program owned and operated by Universal Health Services...

Mar 25, 2025 Read Now >

Dexcom: FDA Warning Letter States Company Made Changes to Continuous Glucose Monitors Without Necessary Approval from Agency; Letter States Company Commits to Ceasing Distribution of Sensors with Design Changes that Caused ‘Higher Risks for Users’

The FDA has published a warning letter it sent to Dexcom (DXCM) earlier this month regarding issues with the manufacturing and validation of its continuous glucose monitors (CGMs) that affected their accuracy. The warning letter states that Dexcom failed to gain necessary approvals for...

Mar 25, 2025 Read Now >

Teva: Drugmaker Requests Delisting of Inhaler Patents from Orange Book in Response to Court Order; Boehringer Ingelheim, Novo Nordisk Have Also Asked FDA to Pull Disputed Drug-Device Patents

Teva (TEVA), the drugmaker at the center of the Federal Trade Commission’s efforts to curb the improper listing of patents in the Food and Drug Administration’s Orange Book, has asked the FDA to delist five patents associated with its asthma inhaler, ProAir HFA, in response to a...

Mar 24, 2025 Read Now >

Herc Holdings/H&E Equipment Services: Competition from National, Regional Rivals, Low Entry Barriers Could Constrain Post-Merger Price Increases, Industry Sources Say; Parties’ Noncompetes, Information Sharing May Attract Agency Questions

If Herc Holdings (HRI) completes its proposed $5.3 billion acquisition of rival H&E Equipment Services (HEES), construction companies around the country should still have plenty of viable options for renting heavy equipment, according to industry sources and a Capitol Forum...

Mar 21, 2025 Read Now >

Capital One/Discover Financial: DOJ Staff Finds Deal Would Be Anticompetitive in Subprime Sector

DOJ staff has determined that Capital One’s (COF) proposed $35.3 billion acquisition of Discover Financial (DFS) would harm competition in the subprime sector, sources familiar with the matter...

Mar 17, 2025 Read Now >

Trump’s Metal Tariffs Set to Increase Costs for U.S. Producers, Consumers Corporate Customers Say

U.S. businesses that rely on steel and aluminum say the Trump administration’s forthcoming tariffs will raise costs, reduce profitability, curb investment, and ultimately lead to higher consumer...

Mar 11, 2025 Read Now >

The Asia Antitrust Agenda: SAMR Head Outlines Increased Platform Regulation; Hong Kong Regulator Announces a First in Its Criminal Convictions; Australia Issues Guidance on Merger Reform Transition; Taiwan, U.S. to Scrutinize ASMedia/Techpoint

The Asia Antitrust Agenda is a biweekly column showcasing key regulatory developments in the region. This week, The Capitol Forum looks at comments from head of SAMR Luo Wen on plans to increase oversight of digital platforms this year, guidance published by the Australian Competition and...

Mar 10, 2025 Read Now >

Zeta Global: Company Removes References to ‘Opted-In’ Data in 10-K Filing, Experts Question Data Collection Claims

Marketing technology company Zeta Global Holdings Corp., which claims to possess one of the world’s largest compilations of consumers’ personal data, removed all references to its data being “opted-in” in its latest annual filing, raising questions over how the company sources and...

Mar 07, 2025 Read Now >

Labor Thursday: Litigation Tracker Updates; Labor Board Member Finds Receptive Judge in Termination Case Against Trump, Teeing Up Appeal

Labor Thursday is a weekly overview of competition and labor market issues and includes our analysis of the timing and priorities of the key agencies overseeing enforcement and rulemaking, including the Federal Trade Commission, Justice Department, and National Labor Relations Board. This...

Mar 06, 2025 Read Now >

DOJ Investigates Whether Egg Industry Players Are Fixing Prices

DOJ has launched an investigation to determine whether Cal-Maine (CALM), Rose Acre and other egg industry participants are fixing prices, driving up the cost of the staple, sources familiar with the matter...

Mar 06, 2025 Read Now >

Sportradar: Sports Data Provider Also Hit with Antitrust Lawsuit Alleging Illegal Tying of Exclusive League Data with In-House Betting Technology

PANDA Interactive, a sports betting technology platform, also amended its patent infringement lawsuit against Sportradar to include antitrust allegations related to the tying of exclusive official real-time sports data with allegedly unnecessary betting app...

Mar 06, 2025 Read Now >

U.S. Launches Trade War Against Canada, China and Mexico

The Trump Administration on Tuesday raised tariffs on its three largest trading partners—Mexico, China and Canada—and in doing so, launched America’s broadest and most consequential trade salvo since the Great...

Mar 04, 2025 Read Now >

Labor Thursday: Labor Task Force at FTC Shows Focus on Worker Harm Continues Post-Biden; NLRB Incapacitation Could Open Door to State Labor Boards; Meador Promises Noncompete Enforcement; California Lawsuit Adds to Litigation Wave Against Globe Life

Labor Thursday is a weekly overview of competition and labor market issues and includes our analysis of the timing and priorities of the key agencies overseeing enforcement and rulemaking, including the Federal Trade Commission, Justice Department, and National Labor Relations Board. This...

Feb 27, 2025 Read Now >

Planned CFPB Action Against Meta in Limbo After Chopra Ouster

The Consumer Financial Protection Bureau (CFPB) was poised to sue Meta (META) over alleged targeted ad abuses when Rohit Chopra, the former director, was ousted this month, sources familiar with the matter said. Now the agency’s plans are unclear as President Donald Trump –who had...

Feb 27, 2025 Read Now >

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...

Feb 24, 2025 Read Now >

Some EU Member States Weigh Urging Retaliatory Measures Against U.S. Tariffs, Raising Risks for American M&As on Continent

Some European Union member states are considering whether to urge the European Commission to invoke a powerful new trade tool in response to U.S. President Donald Trump’s reinstatement this month of 25% tariffs on steel and aluminum imports, sources familiar with the matter said. The...

Feb 24, 2025 Read Now >

Hims & Hers Health: Questions Remain About Compounding Viability Post Resolution of Semaglutide Shortage

The Food and Drug Administration announced on Feb. 21 that the years-long shortage of semaglutide, the active ingredient in Novo Nordisk’s blockbuster weight-loss injections Ozempic and Wegovy, had been...

Feb 21, 2025 Read Now >

AppLovin: Experts Question Efficacy of Mobile Gaming Ad Channel

As app monetization and analytics company AppLovin pivots to advertising for e-commerce brands across mobile games, some marketing experts question whether in-game advertisements can effectively boost sales in an ad space that has traditionally focused on promoting other games and at...

Feb 20, 2025 Read Now >

China Appears to Reverse Course and Champion AI Development With Few Restrictions

After leading global efforts to regulate artificial intelligence, China appears to be reversing course, stressing the need to encourage innovation and advances in the vital...

Feb 20, 2025 Read Now >

Oscar Health: Forthcoming Rulemaking on ACA Could Create Risk by Reducing Marketplace Enrollment

A proposed rule from the Trump administration targeting the individual health insurance exchange under the Affordable Care Act (ACA) could significantly impact companies that depend on ACA Marketplace enrollees, including health tech and insurance company Oscar Health, the sixth-largest...

Feb 20, 2025 Read Now >

Johnson & Johnson/Intra-Cellular: Depression Overlap Poised to Draw FTC Questions, but Clinical Differentiation, Other Factors, Point to Abbreviated Review

Johnson & Johnson’s proposed $14.6 billion acquisition of Intra-Cellular Therapies is poised to draw FTC questions over whether the tie-up might affect competition in markets for drugs used to treat major depressive disorder (MDD), according to a Capitol Forum...

Feb 19, 2025 Read Now >

Disney/Fubo: DOJ Staff Asks Industry Players About Post-Merger Incentives to Boost Programming Rates

DOJ staff attorneys are asking media industry players if Disney’s (DIS) plan to combine its Hulu + Live TV business with rival sports streaming service Fubo (FUBO) would lead to the entertainment giant raising pay-TV distributors’ costs for programming such as ESPN, sources familiar...

Feb 19, 2025 Read Now >

A Market for Training Data and No Intermediate Copying Defense: How the Reuters v Ross Summary Judgment Could Affect Generative AI Copyright Lawsuits

The recent summary judgment ruling in the first-ever AI training data copyright lawsuit may give courts some guidance on how to consider generative AI copyright cases. If so, that’s good news for copyright holders. In Thomson Reuters v. Ross Intelligence, Judge Stephanos Bibas, a Third...

Feb 19, 2025 Read Now >

MAUDE Monthly: Byte Continues Working Through Backlog of Reports as Dentists Increasingly Advise Patients to Stop Treatment; Mentor Breast Implants Increasingly Rupturing Inside of Patients; Procept Biorobotics Reports Increases in Patient Bleeding from Aquablation Procedure; Update on Medtronic ICDs

The information contained in this report is compiled from the FDA’s Manufacturer and User Facility Device Experience (MAUDE) database. The MAUDE database contains reports of deaths, injuries, and malfunctions relating to the use of medical devices and is updated monthly with reports...

Feb 19, 2025 Read Now >

EC Ready to Break Up Google Adtech Business, Pending U.S. Case Outcome

The European Commission is prepared to order the breakup of Google’s (GOOG) advertising technology business over antitrust concerns but is waiting to see whether the new Trump administration takes a similar step, sources familiar with the matter said. Competition enforcers in Brussels...

Feb 14, 2025 Read Now >

Bancorp: Sale of $82 Million in REBL Loans Raises Questions About How Much Risk Company Retained

On the last day of the year, Bancorp Bank, a subsidiary of The Bancorp (TBBK), closed on the sale of an $82 million Real Estate Bridge Loan (REBL) portfolio, collateralized by apartment buildings, the company disclosed in a recent SEC...

Feb 12, 2025 Read Now >

Oscar Health Accused of Misusing No Surprises Act to Delay Payments, Underpaying CA Health Systems

Oscar Health (OSCR), a health insurance technology company and the fifth largest insurer in the public health exchange market, faces several lawsuits accusing it of underpaying health providers or even failing to pay for medically necessary services, including emergency...

Feb 12, 2025 Read Now >

Capital One/Discover Financial: New York, California AGs Lead State Group Considering Suit to Block Deal

A multi-state coalition including New York and California is considering an antitrust suit to block Capital One’s (COF) proposed $35.3 billion acquisition of Discover Financial (DFS), sources familiar with the matter said. Enforcers at both the federal and state levels are wrapping up...

Feb 12, 2025 Read Now >

Almost Half of UnitedHealth Group’s Revenue Faces Legislative and Regulatory Risk, According to Capitol Forum Analysis

Some 45 percent of UnitedHealth Group’s (UNH) $551 billion in annual revenue may be at risk from myriad political and legal issues facing the company, according to an analysis by The Capitol...

Feb 10, 2025 Read Now >

AppLovin: Popular Mobile Games Host Deceptive Advertisements, Potentially Expose Users to Privacy Risks

Some of AppLovin’s (APP) most popular mobile games redirect users to app stores and to download apps through dark patterns in advertisements, including a series of ads for a Hong Kong-based app that may process users’ location data and other personal information in China, a Capitol...

Feb 07, 2025 Read Now >

FCC Policy: Eleventh Circuit One-to-One Rule Vacatur Limits FCC Rulemaking Authority; TCPA Class Actions to Continue

As the lead generation industry celebrates the last-minute vacatur of the FCC’s one-to-one rule, legal experts warn that the ruling has cast uncertainty over the commission’s future rulemaking ability and that disputes around the legality of telemarketing practices will continue to...

Jan 30, 2025 Read Now >

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