United States archive - The Capitol Forum

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 >

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 >

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 >

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 >

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 >

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 >

War in the Aisles: Monopolies Across the Grocery Supply Chain Squeeze Consumers and Small-Business Owners Alike, Big Data will Only Entrench Those Dynamics Further

This article is published in collaboration with The American Prospect. You’ve grabbed a shopping cart, walked through the sliding doors, and checked your list for the week. Keep it simple—Monday, spaghetti and meatballs. Tuesday, of course, is for tacos. Wednesday, how about a stew....

Jun 12, 2024 Read Now >

Financials Friday: Homebuyers File Appeal to Maximize Their Class-Action Suit against NAR; DOJ to Weigh in on REX v. Zillow; CFPB Establishes Registry of Nonbanks That Violate Consumer Laws, Process to Recognize Data-Sharing Standards; 5th Circuit Strikes Down SEC’s Hedge Fund Fee Disclosure Rule

Burnett case will determine the scope of upcoming legal fight between brokerages and homebuyers. Appeals by rival plaintiff lawyers were expected in the landmark Burnett settlement, which will see the National Association of Realtors (NAR) and major brokerages pay hundreds of millions of...

Jun 07, 2024 Read Now >

Novo/Catalent: Supply-Chain Questions Likely to Prompt CFIUS Investigation of Danish Pharma Giant’s Deal, Experts Say

Danish pharmaceutical giant Novo Holdings’ proposed buyout of contract manufacturer Catalent (CTLT) is likely to trigger a U.S. national security investigation based on government questions about whether the $16.5 billion deal would endanger the nation’s drug supplies, experts...

Jun 06, 2024 Read Now >

Acadia Healthcare: Opioid Treatment Centers Cited Numerous Times by Regulators for Lack of Addiction Counselors; Many Centers Cannot Provide the Required Amount of Therapy to Patients

Acadia Healthcare’s (ACHC) network of opioid treatment facilities, known as Comprehensive Treatment Centers (CTCs), are operating at staffing levels far below what is required by regulators in several of the states in which they operate, a Capitol Forum investigation has...

Jun 06, 2024 Read Now >

Financials Friday: Bank of America Faces Fed Scrutiny for Alleged Anti-Money Laundering Failings; Texas Judge Stymied in Moving Lawsuit Against CFPB Rule; Mortgage Lenders Sue Equifax in Monopoly Case; Regulator Launches Inquiry into Junk Fees; Visa, Mastercard Reach Settlement in Antitrust Class Action

Financials Friday: Bank of America Faces Fed Scrutiny for Alleged Anti-Money Laundering Failings; Texas Judge Stymied in Moving Lawsuit Against CFPB Rule; Mortgage Lenders Sue Equifax in Monopoly Case; Regulator Launches Inquiry into Junk Fees; Visa, Mastercard Reach Settlement in...

May 31, 2024 Read Now >

The European Antitrust Agenda: Mondelēz Hit with EU Antitrust Fine; UK Digital Markets Bill Finally Passes; Vestager Warns Lufthansa/ITA Could Hike Prices, Lower Flight Numbers

Mondelēz fined $366 million in the EU for restricting cross-border sales. The European Commission hit Mondelēz International (MDLZ), the maker of Oreo cookies and Toblerone chocolate, last week with a 337.5 million euro ($366 million) antitrust fine for hampering the trade of chocolate,...

May 28, 2024 Read Now >

Antitrust Agenda: Warren Links Food-Price ‘Gouging’ to Dominance of Grocery Giants; Bipartisan Call for an Investigation of Formula One; Khan Says the Founding Fathers Recognized the Danger of Monopoly Power; Kanter Sees Corporate America Getting the Message That DOJ Is Serious About Antitrust Enforcement

Supermarket behemoths land on Warren’s chopping block: Senator Elizabeth Warren (D-MA) is blaming the runup in Americans’ grocery bills on the “price gouging” of food behemoths, especially Walmart (WMT), Costco (COST), Kroger (KR) and Ahold Delhaize, which controls Stop & Shop...

May 28, 2024 Read Now >

Financials Friday: BNPL Industry Has Mixed Response to New CFPB Regulation; Lawsuits Loom Over Fed’s New Debit Interchange Fee Cap; Synapse Collapse, Frozen Fintech Accounts Mark ‘Watershed’ Moment for BAAS; FDIC Chairman to Step Down; OCC Issues Enforcement Action Against Comerica Bank & Trust

Buy now, pay later industry issues mixed responses to new CFPB regulation. The buy now, pay later (BNPL) industry is issuing responses ranging from outright criticism to muted support for a new interpretive rule by the Consumer Financial Protection Bureau (CFPB) that will regulate these...

May 24, 2024 Read Now >

Energy Antitrust Weekly: Congressional Democrats Launch Oil Collusion Probe; Khan Discusses ExxonMobil/Pioneer at AELP Summit; Crescent Energy to Acquire SilverBow Resources; CalPERS to Vote Against ExxonMobil Board at Shareholder Meeting; Permian M&A Causing Downturn in Rig Counts

Congressional Democrats launch probe into oil collusion, drawing in major producers. The FTC’s explosive findings on former Pioneer Natural Resources CEO Scott Sheffield’s communications with other oil producers including OPEC representatives continues to reverberate on Capitol Hill,...

May 23, 2024 Read Now >

Health Care Antitrust Weekly: Pension Fund Sues UnitedHealth; Teva Sued Over Alleged Inhaler Patent Gaming; MultiPlan Faces Another Lawsuit

Firefighters pension fund sues UnitedHealth Group for securities fraud for not disclosing DOJ antitrust probe. The suit, filed last week by the City of Hollywood Firefighters’ Pension Fund, also named company executives CEO Andrew Witty, Chairman Stephen Hemsley, and UnitedHealthcare...

May 22, 2024 Read Now >

A Closer Look at DOJ’s Decision to File Apple Case in New Jersey; Potential Appeal Venue, Proximity of Witnesses Could Have Played a Role

The Department of Justice’s lawsuit against Apple (AAPL) had been expected for years, but it still contained a few surprises when it was finally filed in March. One was the choice of venue: federal court in New Jersey. Prosecutors haven’t been forthcoming with their reasoning, but...

May 21, 2024 Read Now >

Financials Friday: Supreme Court Upholds CFPB Funding Structure—Cases Against Credit Acceptance Corp, MoneyLion in Focus; Future Uncertain for Bank Capital Overhaul Before Election; Title Insurance Mobilizes to Oppose White House on Fees

Supreme Court upholds CFPB funding structure—cases against Credit Acceptance Corp, MoneyLion in focus. The Supreme Court ruled Thursday that the funding structure of the Consumer Financial Protection Bureau (CFPB) is constitutional, delivering a win for the Biden administration’s...

May 17, 2024 Read Now >

Mark Cuban Expects Employers Representing One Million Lives to Switch to Transparent PBMs in Next 2 Years and Is Advising Governors on How to Cut PBM Costs in Medicaid

Mark Cuban is on a mission to help reform the U.S.’s dysfunctional health care system. He expects to be able to do it quickly, and to make money in the...

May 16, 2024 Read Now >

Natera: Kentucky Attorney General Investigation Appears to Be Nearing End

The response to a recent records request by The Capitol Forum to the Kentucky Attorney General indicates that the agency’s investigation of the genetic testing company Natera (NTRA) is nearing completion. While the agency denied the entirety of The Capitol Forum’s request, which asked...

May 15, 2024 Read Now >

MoneyLion: Dark Patterns in the MoneyLion Mobile App Appear to Steer Customers Into Tipping and Paying Fees That are Critical to Company’s Growth

MoneyLion (ML), a nonbank financial technology company that offers payday advances, appears to deploy manipulative design techniques in the company’s mobile app to steer consumers into paying optional fees and tips that may not be in their best interest, a Capitol Forum investigation...

May 10, 2024 Read Now >

For health-related articles; image of pen and stethoscope

Masimo: Company Discloses CID from DOJ Relating to False Claims Act; SEC Subpoena Around Potential Accounting Irregularities

Medical device manufacturer Masimo (MASI) revealed in its 10-Q quarterly filing yesterday that it received a civil investigative demand (CID) from the Department of Justice (DOJ), seeking documents and information pursuant to the False Claims Act (FCA) related to customer returns of...

May 08, 2024 Read Now >

The Antitrust Agenda: Bipartisan Push in the House to Designate $10 Million of FTC Budget for Enforcement of Robinson-Patman; New FTC Commissioner Andrew Ferguson’s Staff Revealed; Lina Khan Promises Uber/Lyft Drivers That Rideshare Companies Won’t ‘Get Away’ With ‘Deception’; Senator Warren Calls for Breakup of ‘UnitedHealth Monopoly’; Judge Refuses to Toss Washington State Case Against Kroger/Albertsons

In bipartisan letter, lawmakers request $10 million of FTC budget be set aside to put teeth into Robinson-Patman enforcement. Representatives Zoe Lofgren (D-CA), Tom Tiffany (R-WI) and nine of their congressional colleagues have asked the House Appropriations Committee “to designate $10...

May 06, 2024 Read Now >

U.S. v. Google: In Closing Arguments, DOJ, Tech Giant Clash Over Whether Company or Market Sets Search Ad Prices

Google’s (GOOG) own experiments show that it can raise prices for search advertisements without considering its competitors’ actions, DOJ said today on the second and final day of closing arguments in the department’s monopoly case against the...

May 03, 2024 Read Now >

U.S. v. Google: Federal Judge Pokes and Prods DOJ’s and Google’s Closing Arguments in Search Monopoly Case

U.S. District Judge Amit Mehta today challenged DOJ to show that Google’s (GOOG) position as operator of the world’s most popular search engine has led to lower-quality results while grilling the company about the competitive impact of the billions it pays partners to make its search...

May 02, 2024 Read Now >

Masimo: DOJ Probes Malfunctioning Pulse Oximeters Following Delayed, Narrow Recall; Review of FDA’s MAUDE Database Raises Questions About Scope of Recall

The Department of Justice (DOJ) earlier this year began probing Masimo’s (MASI) decision to recall faulty Rad-G pulse oximeters that have been subject to hundreds of adverse event reports for powering off and were involved in at least two patient...

Apr 30, 2024 Read Now >

Hewlett Packard Enterprise/Juniper Networks: Buyout May Slow Innovation and Weaken Support Services, Say Tech Experts, Customers

Hewlett Packard Enterprise’s (HPE) proposed acquisition of Juniper Networks (JNPR) is raising concerns among some industry experts and customers of the companies’ wireless network-management software that the $14 billion deal could slow innovation and lower the quality of support...

Apr 30, 2024 Read Now >

MoneyLion: Former Company Employees Describe Culture of Weak Fraud Controls

MoneyLion (ML), a nonbank financial technology company, did not prioritize fraud control and compliance with banking laws and regulations, according to five former MoneyLion employees who spoke with The Capitol...

Apr 29, 2024 Read Now >

FTC Commissioner Bedoya Signals Interest in Union Neutrality as Merger Remedy and Previews Speech on Workplace Surveillance

FTC Commissioner Alvaro Bedoya is open to conditioning certain merger clearances on companies’ commitments to allowing their workers to unionize, he told The Capitol Forum in an interview...

Apr 26, 2024 Read Now >

PBM Units of CVS, Cigna, UnitedHealth Targeted in Insulin-Related Lawsuit FTC Preparing to File

CVS Health (CVS), Cigna (CI) and UnitedHealth Group (UNH)—which operate the three largest U.S. pharmacy benefit managers—are targeted in a lawsuit the FTC is preparing that alleges the companies’ PBM units engineered a scheme to trade rebates for favored positioning of brand-name...

Apr 22, 2024 Read Now >

PBM Units of CVS, Cigna, UnitedHealth Targeted in Insulin-Related Lawsuit FTC Preparing to File

CVS Health (CVS), Cigna (CI) and UnitedHealth Group (UNH)—which operate the three largest U.S. pharmacy benefit managers—are targeted in a lawsuit the FTC is preparing that alleges the companies’ PBM units engineered a scheme to trade rebates for favored positioning of brand-name...

Apr 22, 2024 Read Now >

Financials Antitrust Weekly: Huntington Bank Investigated on Possible Redlining; Congress Focuses on Mandatory Arbitration and Service Member Rights, Consumer Legislation Advances; OCC Discloses Enforcement Actions

Huntington Bank subject of OCC redlining probe. Huntington Bancshares (HBAN) is under investigation by the Office of the Comptroller of the Currency (OCC) for possible fair housing “redlining”...

Apr 19, 2024 Read Now >

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