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At least three Medicare Administrative Contractors (MACs) are working on a “consensus approach” to resolving a billing dispute that could see some MACs paying much more than other MACs for hypoglossal nerve stimulation (HGNS) procedures, The Capitol Forum has learned. The rest of this publication is currently locked and only available to subscribers. Request a […]
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On Friday the U.S. Judicial Panel on Multidistrict Litigation granted a petition to consolidate dozens of private lawsuits that allege gaming platform Roblox facilitates the sexual exploitation and grooming...
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The European Commission is poised to fine X in the coming days and possibly as soon as Friday in what would be the executive’s first-ever sanction under its content moderation and transparency law, according to two sources with direct knowledge of the matter. The timing could still...
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Senator Mike Lee (R-UT), chairman of the Senate Judiciary antitrust subcommittee, said today he would hold a hearing on Netflix’s (NFLX) attempted takeover of Warner Bros. Discovery (WBD) if the No. 1 streaming service prevails over rival bidders. “If that’s the direction they end...
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We are always innovating here at The Capitol Forum, and we want to introduce our first edition of the new Tech/Media/Telecom Weekly. In this edition: Trade Policymakers Outlook: As trade fight between Trump and Europe over Europe’s digital sovereignty rages, Big Tech has already...
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DOJ’s antitrust division is losing two senior career officials next month, further depleting the roster of top advisers surrounding Gail Slater, the agency’s head. Aditi Mehta, the division’s economics director of enforcement, is departing early next month, sources said. One of the...
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DOJ staff reviewing Getty Images’ (GETY) proposed $3.7 acquisition of rival Shutterstock (SSTK) has recently questioned multiple industry participants who said the stock photography market is dominated by the two merging parties, especially for large corporate customers, according to...
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A federal judge said Friday that he was considering reversing a prior decision that had allowed prediction market operator Kalshi to continue offering sports event-based contracts in Nevada while its legal battle with state gambling regulators plays out in court. After hours of oral...
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The FTC is leaning toward clearing Boeing’s (BA) proposed $8.3 billion acquisition of Spirit Aerosystems (SPR) with behavioral remedies to ensure the buyer’s military contractor rivals would retain post-merger access to Spirit’s aircraft parts, sources familiar with the matter said....
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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...
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A California Superior Court judge rejected Roblox’s (RBLX) motion to compel arbitration in one of the dozens of child sexual exploitation lawsuits filed against the gaming platform this year. Issued October 30, the ruling found Roblox’s arbitration agreement to be unenforceable as to...
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FanDuel (FLUT) can no longer operate in Nevada after deciding to launch a predictions market platform that will give customers access to sports event contracts in states where online sports betting is not legal, The Capitol Forum has learned. Shortly after FanDuel and CME Group announced...
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A Capitol Forum investigation has found that Linde Gas (LIN) appears to have been aware of a fatal flaw with its NOxBOXi nitric oxide therapy device for newborns for several years but continued to market the device to hospitals and represent to the Food and Drug Administration that it was...
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The text of the U.S.-Mexico-Canada Agreement (USMCA) provides few formal requirements for next year’s review, leaving stakeholders to envision a wide range of scenarios—from small tweaks around the edges to a full-scale renegotiation—and to attempt to align their proposed changes...
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A Stride Learning, Inc. (LRN) elementary school in Texas will close at the end of the year after repeatedly failing to meet state academic standards. The forced closure comes after the Texas Online Preparatory School (TOPS) Elementary, which serves 824 students in grades three through...
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Meta (META) is veering toward potentially hefty penalties under the EU’s digital antitrust rules as talks with the enforcer over changes to its “pay-or-consent” data use model for users of its social networks have proved unproductive, according to two sources familiar with the...
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The DEA is seizing far fewer fentanyl pills than it did a year ago, signaling the impact of the agency’s deployment of resources to help with National Guard surges in cities and immigration enforcement, a Capitol Forum analysis of department data indicates. DEA agents are seizing fewer...
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The European Commission is set to open an anti-subsidy investigation into imports of lightweight thermal paper from China, according to people familiar with the matter. The move comes in response to a request from EU manufacturers seeking protection from what they claim are unfairly...
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Skyworks Solutions’ (SWKS) proposed acquisition of rival components maker Qorvo (QRVO) to create a $22 billion U.S. powerhouse in critical radio frequency technology used in smartphones is set to undergo a rigorous investigation by China’s antitrust authority, legal practitioners...
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Brussels is weighing a politically charged plan to scrap the EU rules that underpin the ubiquitous “accept cookies” pop-ups, with senior officials mulling over the move as early as today, said two sources with direct knowledge of the matter. The step would lead to the reopening of the...
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The European Commission is poised to launch an anti-subsidy investigation into Chinese imports of passenger car and light truck tires, following a formal complaint from EU manufacturers, according to two people familiar with the matter. The surge in Chinese imports—fuelled by state...
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The Capitol Forum has obtained the latest version of the European Union’s proposal for a €234 billion “Competitiveness Fund” to boost the bloc’s digital, defense, clean energy and biotech industries, ahead of political negotiations on the draft next month. The latest draft was...
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Kalshi, the U.S.-based prediction market operator that recently introduced sports betting to its platform, notched an early courtroom win in Nevada earlier this year, bolstering the notion that the company’s novel interpretation of the law could open the door for nationwide sports...
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As CEO of Sun Behavioral Health, Steve Page has the unenviable task of trying to maintain services at his small chain of four mental health facilities amid federal cuts to Medicaid. Sun Behavioral Health provides services for children and adults who suffer from conditions ranging from...
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Merger-related lobbying ticked up slightly in the third quarter as lobbyists connected to President Donald Trump worked to boost support for pending deals involving Nexstar (NXST), Tegna (TGNA), Norfolk Southern (NSC) and other clients. So-called “MAGA lobbyists” have been in high...
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Zillow’s (Z) commission-splitting Flex program could violate anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA) because it requires that real estate agents steer homebuyers to Zillow’s mortgage arm, realtors tell The Capitol Forum. The Flex program is an...
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Gildan Activewear (GIL) pulled and refiled the HSR form for its planned acquisition of HanesBrands (HBI), according to a company spokesperson, giving the FTC 30 additional days to conduct an initial review of the $2.2 billion deal. The companies initially filed their HSR forms on...
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The European Commission is expected to assess whether Saudi Arabia’s role in a consortium to acquire Electronic Arts (EA) for $55 billion will give the country outsized influence over the EU gaming sector, multiple sources told The Capitol Forum. The U.S.-based videogames company is...
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Tecnica Group, the Italian owner of the Rollerblade inline skates brand, was among the companies raided by the European Commission as part of a cartel investigation into the ski equipment sector yesterday, a company spokesperson told The Capitol Forum. Commission representatives visited...
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Greencore’s (LON: GNC) $1.6 billion proposed purchase of Bakkavor (LON: BAKK) and Kingsmill’s (LON: ABF) $100 million planned merger with Hovis are likely to test the Competition and Markets Authority’s appetite to intervene in UK-specific mergers following clear messaging from the...
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Google (GOOG) is proposing additional changes to results for shopping queries in its dominant search engine amid pressure to dodge a potential fine from the European Commission under the EU’s digital rules, according to two sources familiar with the matter. The commission in March...
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Paramount Skydance (PSKY) is considering a hostile bid for Warner Brothers Discovery (WBD), a source familiar with the matter said. The move comes after Paramount and Warner executives have discussed a potential deal for weeks but remain far apart on the contours of a final agreement,...
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Amid significant scrutiny of its drug compounding practices, ophthalmic pharmaceutical company Harrow (HROW) announced October 6 that John Saharek, the former CEO and president of its drug compounding arm, ImprimisRx, had stepped down. On the same day, Harrow said Frank Mullery would...
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Chinese e-commerce companies Temu and SHEIN will no longer be able to rely on their low-cost direct-to-consumer model in the U.S. following the end of a trade exemption known as de minimis. As the companies look to Europe for growth, however, European policymakers are preparing to push...
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Brussels is set to unveil a new trade instrument next week aimed at curbing tariff-free steel imports linked to global overcapacity, particularly from China. The move is also intended to lay the groundwork for negotiations with Washington over the removal of Trump’s tariffs that...
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Deal advisors in the UK are starting to see a window of opportunity for completing more complicated global mergers without intervention from the antitrust agency, as the Competition and Markets Authority sticks to the government’s economic growth agenda. Some lawyers view the CMA’s...
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The European Commission is leaning towards clearing Mars’s $36 billion proposed acquisition of Kellanova (K) without remedies because it’s struggling to back up the concerns that motivated its in-depth review, according to sources familiar with the probe. The enforcer last week...
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London-based Anglo American (LSE: AAL) and Teck Resources’ (TECK) plan to create a $50 billion-plus copper-mining behemoth will likely encounter regulatory scrutiny driven by “Canada Strong” and “America First” agendas. In Ottawa, the main focus will be on whether the deal...
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Abu Dhabi National Oil Company (ADNOC) is set to file remedies with the European Commission as early as tomorrow in a bid to clear its €14.7 billion acquisition of German chemicals company Covestro (COV: ETR), sources said. The proposed remedies will address the major concerns raised...
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Linde Gas (LIN), the world’s largest industrial gas supplier, repeatedly failed to appropriately investigate and fix serious problems with its NOxBOXi device, which administers inhaled nitric oxide therapy to newborns and monitors nitrogen dioxide and oxygen levels, according to a...
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The FTC’s estimate that GTCR’s acquisition of Surmodics (SRDX) would create a company that produces 60% of the hydrophilic coatings for medical devices in the U.S. is far too high, the private equity firm’s economics expert said in court today. Instead, the market share would be...
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Nexstar’s (NXST) proposed $6.2 billion acquisition of rival broadcast television group Tegna (TGNA) is at first glance an audacious bet—the deal not only violates multiple FCC rules, but is also presumptively illegal under decades of DOJ antitrust division practice. Still, Nexstar is...
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Senator John Thune (R-SD) will include Stanley Woodward, the president’s choice to become DOJ’s No. 3 official, in a second batch of nominees that Republicans plan to bring to the Senate floor for a confirmation vote, a spokesperson for the majority leader said. Woodward, whose...
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The Trump administration’s vow to end “debanking” could end up fortifying a federal law that requires banks to help vulnerable communities, said a leading consumer advocate. Banks may not jettison clients based on their political allegiance or other factors deemed to constitute a...
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Customs and Border Patrol’s (CBP) policing of the Uyghur Forced Labor Prevention Act (UFLPA) has fallen dramatically since the act was first implemented in 2022, according to publicly available statistics published by Customs and Border Patrol. The UFLPA bans imports from China’s...
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ADNOC’s top brass spoke with EU competition chief Teresa Ribera in the past few days regarding its proposed $16 billion acquisition of German chemicals company Covestro (ETR: 1CO), sources told The Capitol Forum. The conversation came after a tentative remedy offer and public criticism...
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The White House’s Make America Healthy Again (MAHA) Commission, led by Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., is expected to release a “Make Our Children Healthy Again” policy plan tomorrow. The strategy may include a crackdown on...
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DOJ’s August 7 consent decree settling its long-running litigation challenge to UnitedHealth’s $3.3 billion purchase of home health rival Amedisys “secure the largest divestiture of outpatient healthcare services to resolve a merger challenge,” Assistant Attorney General Gail...
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Google (GOOG) is expected to receive a fine as early as today from the European Commission over alleged abuses in its advertising technology business, according to two people with direct knowledge of the matter. The Brussels enforcer has had a decision ready for months to fine the Big...
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Caris Life Sciences (CAI) earned Food and Drug Administration (FDA) approval for MI Cancer Seek, a tool that runs genetic sequencing on tumor tissue, for use as a companion diagnostic—atest that helps identify the best course of treatment for a patient—in November 2024. Since then,...
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The federal government has the power to kill part of AT&T’s (T) proposed $23 billion airwaves purchase from EchoStar (SATS) without going to court. The question is whether DOJ or the Federal Communications Commission will do so. Under a 2020 agreement to help establish Dish as a...
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As Roblox (RBLX) continues to announce new safety features and policies amid a growing wave of lawsuits alleging the company facilitates the sexual exploitation of children and teens, one thing remains constant—it is remarkably easy for individuals claiming to be any age to create...
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After more than 10 years, a major private antitrust case against Keurig Dr Pepper (KDP) is approaching a milestone that could have ramifications not only for the world’s largest maker of single-serve coffee products but also for U.S. government lawsuits against Big Tech behemoths, Live...
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China’s antitrust authority recently paused the review clock on its investigation into Keysight Technologies’ (KEYS) proposed takeover of rival Spirent Communications (LON: SPT) to allow extra time to negotiate and market test the parties’ proposed remedy package, sources familiar...
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President Donald Trump is pondering an executive order to define the percentage of content from high-tariff countries in imported goods that would trigger his recently announced 40% ‘transshipment’ tariffs, three sources familiar with the matter said. The administration on July 31...
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LiveRamp (RAMP) tried to distance itself from sensitive audience “segments” sold on its Data Marketplace in a recent response to an amended data privacy class-action complaint against the company, after a federal judge ruled last month that the case could proceed. LiveRamp repeatedly...
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Following a favorable April ruling in the federal antitrust lawsuit against Google’s (GOOG) ad-tech business, publishers are likely considering filing their own lawsuits against the company. The biggest publishers could be looking at hundreds of millions—even billions—of dollars in...
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Roger Alford, the antitrust division’s former No. 2 official, in a speech today will blast DOJ Chief of Staff Chad Mizelle and Associate Attorney General nominee Stanley Woodward for their role in the “HPE/Juniper merger scandal” and enabling “MAGA-In-Name-Only...
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Obscure and rising commercial card fees that Visa (V), Mastercard (M) and other major card networks set for business-to-business payments should be capped by the EU, Metro CEO Steffen Greubel said in an interview with The Capitol Forum. “It’s a money-making machine for them and a...
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Dozens of federal judges attended seminars in idyllic locales like Hawaii and Portugal held by a George Mason University (GMU) law school organization that received Big Tech funding, a Capitol Forum review of public records found. The university’s Antonin Scalia Law School, one of the...
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New Mexican climate and consumer advocacy groups said they’ll likely oppose Blackstone’s (BX) proposed $11.5 billion acquisition of utility operator TXNM Energy (TXNM) over concerns the private equity firm would favor its own financial interests at the expense of ratepayers and the...
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Providence Equity Partners, in announcing its $848 million agreement to acquire Cantaloupe (CTLP), a self-service retail software and hardware rival, pitched the deal as combining companies with “complementary strengths.” But that’s not how Cantaloupe executives have always...
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“Ultimately, ‘Roblox’ is the safest place for anyone on the internet.” That’s what Roblox (RBLX) CEO David Baszucki told NPR on July 23 when asked whether parents should be worried about child predators using the immensely popular gaming platform to reach minors. The company...
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American characterizations of EU fines on U.S. technology giants under the bloc’s digital rules as de facto taxes or tariffs are a way for the Trump administration to ramp up political pressure on the bloc, said Olivier Guersent, the former top antitrust enforcer at the European...
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The Trump administration’s order this month forcing China’s Suirui Group to unwind its purchase of California-based Jupiter Systems is more than a delayed enforcement action—it’s a powerful signal of the U.S. government’s rapidly hardening stance against Chinese control of...
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American Axle and Manufacturing’s (AXL) $1.16 billion pound ($1.44 billion) bid for London-listed Dowlais (LON: DWL) will likely face rigorous scrutiny from competition regulators in China, a key automotive market, lawyers and industry experts...
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Omnicom (OMC) is preparing to cite the European Commission’s previous clearance of its proposed merger with Publicis (EPA: PUB), as well as its French rival’s market prowess in hopes of obtaining unconditional EU approval for its $13.3 billion acquisition of Interpublic Group (IPG)...
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The European Commission is seeking market feedback on Prosus’s offer to sell down its stake in food delivery platform Delivery Hero (ETR: DHER) before it decides whether to accept the remedy or send the investment firm’s €4.1 billion acquisition of Just Eat Takeaway.com (AMS: TKWY)...
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A New Mexico school district is pursuing an action against Stride Learning, Inc. (LRN) that could cause the company to be placed on a registry of vendors that are excluded from receiving state government contracts, potentially jeopardizing Stride’s ability to secure or renew contracts...
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What a difference two years has made in Google’s comments about artificial intelligence’s relationship to its dominant search...
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In 2019, Encompass Health (EHC), the country’s largest operator of inpatient rehabilitation facilities (IRF), entered into a settlement with the Department of Justice for $48 million to resolve allegations that its hospitals falsely diagnosed patients to increase Medicare payments and...
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After DOJ’s suit to block HPE’s (HPE) $14 billion acquisition of Juniper Networks (JNPR) culminated in a highly unusual settlement, the consent decree faces one last barrier to becoming final: Tunney Act review by U.S. District Judge Casey Pitts. That’s typically a rubber stamp....
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Anthropic is facing a certified class action lawsuit—and the prospect of massive statutory damages—over its use of pirated datasets to train its generative AI systems. “It’s a huge deal,” Edward Lee, a professor at Santa Clara University Law School told The Capitol Forum, of...
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This article has been updated with a statement from Prosus. Prosus is offering to sell down its stake in food delivery platform Delivery Hero (ETR: DHER) to single digits in hopes of avoiding an in-depth European Commission investigation into its proposed acquisition of Just Eat...
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After a judge Tuesday recommended the rejection of a $6.2 billion deal that would give BlackRock (BLK) control of Allete’s (ALE) Minnesota Power, opponents and supporters alike turned their attention to the state’s public utility authority, which will decide the transaction’s fate....
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Novo Nordisk (NVO) did not report multiple deaths that may have been caused by its blockbuster weight loss drug Ozempic to the FDA, according to an agency inspection report obtained by The Capitol Forum through a Freedom of Information Act request… The rest of this article is...
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Live entertainment executive indicted on criminal bid-rigging charges. The Justice Department last Wednesday indicted Timothy Leiweke, the CEO of the live entertainment company Oak View Group (OVG), for allegedly orchestrating a bid-rigging conspiracy to secure the contract for the...
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Between 2023 and 2025, Fleet, a subsidiary of Prestige Consumer Healthcare (PBH) that manufactures enemas and suppositories, received several complaints that its adult and pediatric enemas were being shipped to customers with visible signs of mold. Despite these complaints, however, the...
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Nyxoah, a Belgian company whose implantable sleep apnea device, Genio, has been on the market in Europe since 2020, plans on launching its device in the U.S. upon earning final approval from the Food and Drug Administration (FDA)—a decision company executives say is...
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Last year only nine Californians asked The Trade Desk (TTD) to delete personal data processed by the company, despite the adtech giant developing and utilizing a persistent identifier created from the information of more than 245 million individuals to facilitate targeted advertising...
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In the months after Inauguration Day, the Trump administration’s merger policy appeared to be slowly but surely rounding into form: To wit, meaningful continuity from the Biden administration (retaining the 2023 Merger Guidelines and updated HSR Form), coupled with substantive pull back...
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The world’s largest online chess platform, Chess.com, is abusing its dominance through a host of anticompetitive practices, including killer acquisitions, price discrimination and exclusivity clauses, according to a complaint filed with the European Commission by former world chess...
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ADNOC’s €14.7 billion planned acquisition of chemicals producer Covestro (ETR: 1CO) is likely headed for an in-depth EU foreign subsidies investigation at the end of this month because the European Commission wants the United Arab Emirates oil giant to give up its unlimited state...
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When the interagency panel known as Team Telecom declined last month to recommend action on T-Mobile US’s (TMUS) $4.4 billion bid for United States Cellular’s (USM) wireless business, it was seen as a milestone on the deal’s regulatory...
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Prosus is set to meet European Commission officials next week for a state-of-play meeting to discuss the enforcer’s initial concerns about the investment firm’s €4.1 billion takeover of Just Eat Takeaway.com (AMS: TKWY), according to two sources familiar with the...
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The European Commission has had a decision ready for months to fine Google (GOOG) over alleged abuses in its advertising technology business, three people with direct knowledge of the matter told The Capitol...
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Welcome to The European Antitrust Agenda, written by Europe Executive Editor Javier Espinoza and Senior Correspondents Charley Connor, Vesela Gladicheva and Lydia O’Neal. This week, Google is up for a grilling over its compliance with the EU’s digital antitrust regime and the Irish...
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European Commission competition chief Teresa Ribera dismissed reports that the EU might water down its digital antitrust rules in trade negotiations with the U.S. and criticized America’s own effort to rein in the power of Big Tech as slower and less effective than the bloc’s regime....
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The FTC’s move this week to clear Omnicom’s (OMC) proposed acquisition of advertising holding company rival Interpublic (IPG) through a truncated process culminating in an unusual complaint and consent order places European competition enforcers in unfamiliar, and largely...
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Tennessee is waiting on the Centers for Medicare and Medicaid Services (CMS) to approve an amendment to its Medicaid managed care program, TennCare III, that would authorize additional payments to hospitals that meet certain access and quality improvement benchmarks. While it remains...
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FTC staff are poised to depart their current Constitution Center offices for the U.S. Government Accountability Office building by the end of the year, sources familiar with the matter...
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More than three years after family safety app Life360 (LIF) announced it would transition away from the sale of users’ precise geolocation data in favor of providing business partners with “aggregated” data analytics, the company appears to be creating thousands of audience...
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The European Commission is asking industry players about Google’s (GOOG) integration of artificial intelligence features into its search engine as the EU builds up pressure on Big Tech firms to fall in line with its digital antitrust...
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Apple (AAPL) is preparing to offer changes to its rules for developers in Europe as soon as Thursday to avoid additional fines over its restrictions on apps seeking to steer users to promotions outside of its App Store, according to two sources with direct knowledge of the...
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China’s antitrust authority is set to start a phase 3 review of Keysight Technologies’ (KEYS) proposed 1.16 billion pound ($1.5 billion) takeover of rival Spirent Communications (LON: SPT), sources familiar with the matter...
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Equitable Financial Life Insurance Company has reinsured nearly half of its in-force life insurance and annuity policies with an affiliate insurer in a series of transactions that have allowed it to upstream billions of dollars out of policyholders’ reach while maintaining the slimmest...
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Del Amo Behavioral Health, a psychiatric hospital in Torrance, California, owned by Universal Health Services (UHS), is not reporting severe physical and sexual assault of patients in its care, a Capitol Forum investigation has...
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Brian Blase, the president of a conservative health policy group with links to the Trump administration, called on Congress at a June 25 House Budget Committee hearing to crack down on enrollments in the Affordable Care Act (ACA) Marketplace, de-incentivize states from expanding their...
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The European Commission will on Wednesday announce a phase 2 investigation into Mars’s proposed $36 billion acquisition of Kellanova (K), according to two sources with intimate knowledge of the...
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As the European Commission begins hearings on Big Tech’s compliance with the bloc’s digital antitrust rules, critics say the law is triggering unintended consequences and that the regulator has been too slow and soft when policing some of the world’s most powerful...
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Google (GOOG) has proposed a new design of its search results page for travel queries in an attempt to dodge fines under the EU’s digital antitrust rules, according to two sources familiar with the matter. The Alphabet unit is also planning to...
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The European Antitrust Agenda: CMA Signals Strong Enforcement Ahead of Apple, Google Digital Markets Rulings; Regulators to Eye Meta/Scale AI for Extra Scrutiny Welcome to The European Antitrust Agenda, written by Europe Executive Editor Javier Espinoza and Senior Correspondents Charley...
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The European Union is seeking to boost its defense competitiveness by removing legal and bureaucratic barriers, stimulating investment, and making the sector more self-reliant, according to a draft communication obtained by The Capitol...
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Qualcomm’s (QCOM) proposed $2.4 billion acquisition of Alphawave Semi (LSE: AWE) threatens to undercut the UK plan to rebuild domestic artificial intelligence and semiconductor capacity while also exposing deep structural weaknesses in its tech economy, several international trade and...
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A $6.2 billion deal that would hand BlackRock (BLK) control of Allete’s (ALE) Minnesota Power, the second-largest electric utility in the state, has prompted concerns that the private equity giant’s drive for returns would lead to higher rates, and less reliable and safe...
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SAMR flags antitrust risks in semiconductor materials, patent database sectors. China’s State Administration for Market Regulation (SAMR), the antitrust authority, warned in its annual report of potential risks in the semiconductor materials and patent database service provider sectors,...
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Nearly halfway through 2025 a flurry of new state privacy laws and enforcement actions are taking aim at invasive data collection practices, including the sale of precise geolocation and minors’ data, amid the continued absence of comprehensive federal privacy legislation. While policy...
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Tencent Music Entertainment Group (TME), China’s largest online music and audio entertainment platform, plans to submit its proposed $2.4 billion acquisition of audio content platform Ximalaya to the country’s antitrust authority for review, sources familiar with the matter...
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Representatives for Mars and Kellanova (K) are set to meet with European Commission officials this week for a critical discussion that could help the enforcer decide whether to clear the companies’ $36 billion proposed merger in phase 1 or push it to an in-depth investigation, according...
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The FTC Bureau of Competition’s move last month to issue lengthy civil investigative demands (CIDs) to more than a dozen media tracking and advertising organizations—many organized as nonprofits—raises a host of important...
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Prospects are brightening for UnitedHealth Group’s proposed takeover of Amedisys as DOJ and the parties’ representatives engage in serious negotiations to settle the department’s suit to block the $3.3 billion deal, sources familiar with the matter...
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The European Commission should force Visa (V) and Mastercard (M) to make banks, card terminal providers and retailers pay their fair share of fees to break the stronghold of the two giant credit card...
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Omnicom’s proposed $13.3 billion acquisition of Interpublic Group presents the FTC with an unusually complicated set of market definition and concentration questions given the unique market dynamics inherent to advertising agency competition, industry sources...
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Brussels hungry for phase 2 reviews. With just one in-depth merger investigation opened so far this year, the European Commission is signaling a renewed appetite for phase 2 investigations, according to sources familiar with the commission’s thinking. “The bar is very low” to...
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New fees on Chinese ships proposed by the United States Trade Representative (USTR) are likely to raise freight prices but are unlikely to generate significant revenue as companies will have multiple strategies available to avoid the fees, according to experts and industry members. ...
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If DOJ staff reviewing Getty Images’ (GETY) proposed $3.7 billion merger with Shutterstock (SSTK) want a general idea of how closely the two photo agencies compete, they need look no further than their base prices on stock...
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Faro Technologies in a securities filing Friday disclosed that it first engaged an investment bank to explore a sale in January—a timeline that could bolster arguments that its pending laser projector market exit isn’t an attempt to avoid U.S. antitrust scrutiny of its proposed $920...
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The European Commission plans to boost its digital influence as part of a broader push to sharpen its competitiveness and compete against China and the U.S., according to a confidential draft strategy seen by The Capitol Forum. The draft, and its annex, outline a sweeping plan… The...
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After The Bancorp (TBBK) failed to offload a 436-unit multifamily foreclosed property in Houston to the original prospective buyer, an unlikely purchaser—a flailing biotech firm—has acquired the right to close the...
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Flagstar’s amount of nonperforming loans called “frightening.” U.S. banks reported billions more dollars in loans have gone 90 days or more without a payment, according to first-quarter data. These loans, categorized as “nonperforming,” span everything from car loans to credit...
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Industrial giant Ametek’s proposed $920 million acquisition of Faro Technologies would unite two companies whose 3D laser projectors have competed closely over the past decade for use in a host of complex industrial applications, industry sources told The Capitol...
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Lenders and mortgage industry watchers say a simple change to allow competition in credit scoring for U.S. mortgages could help more people get real estate loans, but government-sponsored enterprises Fannie Mae (FNMA) and Freddie Mac (FMCC) are dragging their feet. Veterans Affairs and...
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Tariffs on foreign-produced films would violate a WTO moratorium on customs duties for digital services, known as the “e-Commerce Moratorium,” said Greg Shaffer, a professor of International Law at Georgetown University Law Center. While “e-Commerce” can sometimes refer to items...
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Executives of Western Digital Corporation and Seagate Technologies have used recent public statements to call for industry-wide supply discipline and signal that they won’t undercut their rivals on output or price as demand rises, in language that could serve to facilitate...
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The European Union must accelerate consolidation in its defense and telecommunications sectors to stay globally competitive and respond to rising geopolitical and economic pressures, Enrico Letta, author of a landmark report on the EU single market and former Italian prime minister...
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The Biden Administration’s approach to trade policy included a rethink of Big Tech’s role in establishing U.S. trade policy priorities. In contrast, the Trump administration, despite continuing major antitrust litigation against Big Tech, has been vocal in its criticism of European...
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The European Commission is taking seriously the concerns of retailers about the bargaining power of Mars following its proposed $36 billion acquisition of Kellanova (K), as the agency kicks off its phase 1 investigation of the transaction, sources close to the matter told The Capitol...
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SAMR fines four pharmaceutical suppliers 354 million yuan for price-fixing. The Tianjin branch of China’s State Administration for Market Regulation (SAMR) announced on May 9 that it had levied a total of 354 million yuan ($49 million) in penalties on four pharmaceutical suppliers for...
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The European Commission is preparing the imminent market testing of Microsoft’s (MSFT) proposed remedies aimed at leveling the playing field between its Teams app and other chat tools for users of its workplace products, according to two sources familiar with the...
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Keysight Technologies’ 1.16 billion pound ($1.5 billion) bid for testing and measuring equipment provider Spirent is advancing toward antitrust clearance in the U.S., sources familiar with the matter...
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Already facing a Department of Justice probe into alleged self-preferencing of company-owned glass repair shops by its third-party administrator (TPA) business, Safelite is also encountering scrutiny at the state...
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The prospect has grown that two high-profile semiconductors transactions—Synopsys’s proposed acquisition of Ansys and Keysight Technologies’ pending purchase of Spirent Communications—will be cleared by China’s antitrust authority after the Asian country and the U.S. over the...
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Adtech company The Trade Desk (TTD) enables advertisers to target millions of individuals based on unique persistent identifiers that can potentially be associated with a host of sensitive information, from precise geolocation to data capable of inferring a consumer’s gender, ethnicity,...
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The European Commission is preparing formal charges against delivery food companies Glovo and Delivery Hero (DHER: DE) for allegedly agreeing not to poach each other’s workers, according to two sources with intimate knowledge of the matter. The rest of this article is currently locked...
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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 FTC, DOJ, and NLRB. This week, The Capitol Forum looks at the California attorney...
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The European Commission’s investigation of Mars’ proposed $35.9 billion takeover of Kellanova (K) is focusing on whether the deal would give the U.S. snack food acquirer increased bargaining leverage with European retailers that stock Kellanova’s brands portfolio, including...
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Indian watchdog settles with Google. The Competition Commission of India’s (CCI) recent settlement with Google (GOOG) creates a path for other U.S. tech giants to come forward and resolve their cases with the regulator. On April 21, the CCI issued its first-ever settlement order. The...
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Foreign-owned firms that are U.S. government contractors such as Chinese tech multinational Lenovo Group (HKEX: 0992), NTT Data Group (TSE: 9613) and Thales (ENX: HO) are likely to face heightened scrutiny under new Department of Defense (DOD) regulations. This regulatory framework will...
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The European Commission is deepening a preliminary probe into whether Visa (V) and Mastercard’s (MA) scheme and processing fees unfairly harm competition in the card payments market. Officials are looking at how the two dominant card networks set fees paid by acquirers such as Elavon...
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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...
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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...
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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’...
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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...
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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...
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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...
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Shanghai display advertising giant Focus Media Group’s proposed $1.3 billion takeover of rival Xinchao Media Group, which would expand the buyer’s Chinese empire for ads posted in elevators, will face close scrutiny from China’s antitrust authority, legal practitioners and industry...
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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....
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The European Commission is considering whether it should reinsert a safe harbour provision in its upcoming exclusionary abuse guidelines that would protect the conduct of companies under a certain market share, sources familiar with the matter told The Capitol...
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India’s antitrust regulator is set to greenlight advertising behemoth Omnicom’s (OMC) proposed $13 billion acquisition of rival Interpublic Group (IPG) in the coming weeks, according to sources familiar with the matter. The deal, filed with the Competition Commission of India (CCI) on...
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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...
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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...
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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....
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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...
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Thierry Breton, the former commissioner in charge of enforcing the EU’s landmark digital rules, said multi-million euro fines imposed on Apple (AAPL) and Meta (META) earlier this week were regrettable, emphasizing that financial penalties aren’t the aim of the bloc’s Digital Markets...
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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...
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New York Attorney General Letitia James has decided not to sue to block Capital One’s proposed takeover of Discover Financial, said sources familiar with the matter—likely removing the last obstacle for a transaction that federal banking regulators approved last...
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In line with an ongoing, bipartisan push in Congress to reduce the pharmaceutical industry’s reliance on animal testing, the Food and Drug Administration (FDA) published a roadmap on April 10 laying out policy steps to transition drugmakers to non-animal methods for testing drug...
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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...
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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...
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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...
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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...
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The European Commission is poised to use its only in-depth foreign subsidies case as a blueprint as it weighs potential concessions from UAE oil giant ADNOC, ahead of a €14.7 billion deal filing expected as early as this...
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After a legal career filled with civil and voting rights cases, U.S. District Judge Jeffrey Cummings has moved into antitrust law in a big way. He’s presiding over the FTC’s suit to block GTCR’s proposed buyout of medical-device coatings maker Surmodics (SRDX) and private litigation...
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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...
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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...
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Case handlers at China’s antitrust authority conducted a surprise inspection of the Shanghai office of DuPont (DD) last week amid an investigation of the U.S. chemical giant for alleged anticompetitive conduct, according to sources familiar with the matter. The State Administration for...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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The European Commission is set to order Apple to open up its iOS system or risk hefty penalties as high as 10% of its global turnover, two people with direct knowledge of the cases told The Capitol...
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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...
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With FTC staff recommending a suit to block GTCR’s proposed takeover of Surmodics, representatives of the merging parties are scheduled to meet with commissioners this week to defend the $627 million deal, sources familiar with the matter...
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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...
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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...
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Facing a potential FTC suit against GTCR’s planned $627 million Surmodics (SRDX) buyout, the companies have agreed to extend the antitrust review into early next month and continue discussions with the agency, sources familiar with the matter...
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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...
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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...
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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...
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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...
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The European Commission is signaling reluctance to launch a formal investigation of Broadcom’s (AVGO) contentious pricing and contract changes for its software unit VMware, prompting concerns among industry groups that geopolitical considerations are influencing enforcement...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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On the face of it, a DOJ suit last week to block Hewlett Packard Enterprise’s (HPE) attempted takeover of Juniper Networks (JNPR) seemed unlikely. But acting DOJ antitrust chief Omeed Assefi defied the expectations of some and challenged the $14 billion...
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Click here to see the full transcript of our exclusive interview with Margrethe Vestager. Margrethe Vestager is rejecting calls for a broad overhaul of EU merger rules, arguing that European policymakers should instead focus on strengthening the single market to compete with the U.S. and...
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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...
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Bancorp Inc. (TBBK) recently transferred a $14.1 million loan originally issued in 2022 to finance The Dylan, a multifamily property in Fort Worth, Texas, to a newly created entity with ties to the original borrower, according to transaction documents signed by a person associated with...
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After they agreed to merge in July, Skydance Media and Paramount Global (PARA) told regulators that Larry Ellison, the Oracle (ORCL) chairman and conservative political megadonor, would lead the combined...
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Lenovo Group’s (HKSE: 992) proposed acquisition of Israeli-American data storage company Infinidat is shaping up as a critical litmus test for the Committee on Foreign Investment in the United States (CFIUS) under the Trump administration, according to a Capitol Forum...
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Hewlett Packard Enterprise’s (HPE) efforts to head off a DOJ suit to block its proposed Juniper Networks (JNPR) acquisition haven’t yielded results yet as department officials continue to lean toward filing a challenge, according to sources familiar with the...
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Hewlett Packard Enterprise’s (HPE) efforts to head off a DOJ suit to block its proposed Juniper Networks (JNPR) acquisition haven’t yielded results yet as department officials continue to lean toward filing a challenge, according to sources familiar with the...
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GTCR’s attempted $627 million takeover of Surmodics (SRDX) could be in jeopardy as FTC staff raises concerns that the deal would transform the acquirer into the dominant maker of coatings for a number of medical devices, sources familiar with the matter...
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Hewlett Packard Enterprise’s (HPE) proposed Juniper Networks (JNPR) acquisition enters a perilous phase as DOJ is scheduled to meet with the companies’ representatives tomorrow to discuss that it’s leaning toward suing to block the $14 billion deal, according to sources familiar...
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Christina Caffarra’s conference “The Perfect Storm: A Time of Truth for Europe” is this Thursday, January 30. Cristina Caffarra’s annual must-attend conference on competition, trade, and industrial policy takes place this Thursday in-person in Brussels and livestreamed. Caffarra...
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Schlumberger’s (SLB) proposed $7.8 billion acquisition of rival ChampionX (CHX) will be reviewed in Norway, a spokesperson for country’s competition enforcer told The Capitol Forum. European scrutiny of the deal, which combines two U.S. oil field service providers, is expected to home...
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Capital One is shortchanging a bank rescue fund meant to protect taxpayers from having to pay for a future Wall Street bailout, officials at the Federal Deposit Insurance Corporation have found, according to sources familiar with the...
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FDA inspectors at the San Diego headquarters of Dexcom, a manufacturer of continuous glucose monitors (CGMs), observed several quality control and process issues at the facility, according to an inspection report obtained by The Capitol Forum via a Freedom of Information Act...
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A lawsuit filed last week by Bancorp Bank involving nearly $10 million in real estate bridge loans (REBL) for multifamily residential properties tied to a beleaguered investment company spotlights a history of questionable diligence in the bank’s handling of the...
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Groundbreaking study undermines arguments in favor of noncompete agreements. One of the main criticisms lobbed at the Federal Trade Commission’s noncompete ban as it wended its way through rulemaking was that the agency lacked sufficient justification for the regulation, which labeled...
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Critics of Taiwan Semiconductor Manufacturing Company are preparing to urge the newly installed Trump administration to launch a wide-ranging antitrust investigation into the No. 1 computer...
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New York Attorney General Letitia James would encounter legal barriers if she decides to sue to block Capital One’s (COF) proposed $35.3 billion acquisition of Discover Financial (DFS), according to industry and consumer advocate...
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The Federal Trade Commission publishes second report on PBMs, focusing on how the Big Three PBMs markup specialty generic drug prices. The PBMs enjoyed excess revenues of $7.3 billion, the FTC wrote in its report, comparing revenues to the National Average Drug Acquisition Cost (NADAC),...
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VEVYE, a dry eye disease drug marketed by Harrow (HROW), doesn’t appear to be covered by any Medicare Part D prescription drug plans in 2025, despite the ophthalmic health care company advertising that the drug was slated to get coverage in that market, a Capitol Forum investigation has...
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Corcept’s (CORT) flagship product Korlym (mifepristone) has been removed from the preferred drug lists, or formularies, of nine out of 12 national prescription drug plans under Medicare Part D in 2025, a Capitol Forum investigation has found. Korlym, which treats a type of Cushing’s...
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The Department of Justice filed an amended complaint against Dave (DAVE) late last month, taking over the case from the Federal Trade Commission. The amended complaint seeks civil penalties and names the company’s CEO Jason Wilk as a...
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Synopsys’ (SNPS) proposed $35 billion buyout of Ansys (ANSS) last week entered an in-depth phase 2 merger review in China, as regulators start to ask market participants about the tie-up of the two chip-design software makers, sources familiar with the matter...
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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...
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Club Pilates and StretchLab, the two consistent growth brands within the Xponential Fitness (XPOF) portfolio of boutique fitness studio franchises, entered 2025 with more studios than they had at the start of December, while the rest of the company’s brands showed stagnation or...
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For those not around for the decades-long string of events that led to Big Tech becoming the target of antitrust enforcers, you’re in luck. Companies’ current fights for dominance in artificial intelligence should give you an idea of what you missed in the development of Internet...
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Nippon Steel faces a tough task in overturning President Joe Biden’s decision to block its proposed $14.9 billion acquisition of U.S. Steel, according to a Capitol Forum...
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RB Global (RBA) subsidiary Rouse Services, which provides benchmarking and appraisals to the construction equipment rental industry, could be at risk of regulatory scrutiny as U.S. antitrust regulators target algorithmic intermediaries across the economy. Rouse’s business model...
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The merging parties’ optimism of closing IBM’s attempted $6.4 billion takeover of HashiCorp is growing as the FTC approaches a decision early next year, sources familiar with the matter...
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The FTC’s federal court victory Tuesday in blocking Kroger’s (KR) attempted $24.6 billion acquisition of rival Albertsons (ACI) didn’t advance labor-related antitrust law as far as advocates had hoped. But U.S. District Judge Adrienne Nelson’s opinion did provide some guidance on...
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FTC orders building services contractor to cease no-hire agreement, saying Sherman Act and FTC Act violations caused harm to workers. The Federal Trade Commission reached a settlement with Guardian Service Industries Inc., a building services contractor with over 2800 employees, to stop...
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Novo Holdings is negotiating contract extensions with drugmakers complaining to antitrust enforcers about its proposed $16.5 billion acquisition of pharmaceutical contract manufacturer Catalent (CTLT), sources familiar with the matter...
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Rio Tinto’s (RIO) attempted takeover of Arcadium Lithium (ALTM) is sparking concern on a U.S. House committee focused on limiting China’s power over key technologies and raw...
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West Virginia officials probing repeated outages on Frontier Communications’ (FYBR) network found dead batteries, bad copper cable and lines lying on the...
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Eight months into a European Commission investigation of whether its search results violate the Digital Markets Act (DMA), Google (GOOG) is reverting to responding to hotel queries in Germany, Belgium and Estonia with a list of blue...
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Some intellectually-disabled residents at group homes and facilities operated by ResCare, a subsidiary of BrightSpring Health (BTSG), are not receiving proper levels of medical care from staff, according to an ongoing Capitol Forum investigation of the...
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Abu Dhabi National Oil Company’s (ADNOC) 14.7 billion euro ($16.3 billion) bid for German plastic materials maker Covestro (XETR: 1COV) could face close European Commission scrutiny over the support it receives from the emirate, according to a Capitol Forum...
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The outcome of Apple’s (AAPL) effort to dismiss a Department of Justice lawsuit might shape the development of a contentious area of law—the antitrust “duty to deal”—that tech giants are increasingly using as a shield against legal liability, experts...
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Excess of loss arrangements and intercompany transactions can artificially inflate an insurance company’s financial statements, according to the Rehabilitator’s First Accounting and Status Report filed in the PHL Variable Insurance Company rehabilitation proceeding. The Capitol...
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Unionized Google workers met with the Justice Department over search monopoly remedy proposals. Representatives of a group of Google (GOOG) employees who unionized in 2021 with the Communications Workers of America (CWA) asked DOJ lawyers last month to take worker concerns into account...
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DOJ will likely either clear unconditionally or sue to block Hewlett Packard Enterprise’s proposed acquisition of rival Juniper Networks and isn’t assessing a proposed remedy to address any concerns with the $14 billion deal, sources familiar with the matter...
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Efforts to organize Amazon delivery drivers, and broader unionization campaigns, will face headwinds from the National Labor Relations Board under a Trump Administration. Some of the most consequential impacts of President-elect Donald Trump’s return to office will be on a federal...
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U.S. District Judge Jennifer Rochon last month in her Tapestry/Capri decision ever so slightly nudged documents toward the top of the evidence pile. Her reliance on company slide deck presentations, strategy papers and executives’ emails not only resulted in a victory for the FTC but...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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“Not Medically Necessary”: Inside the Company Helping America’s Biggest Health Insurers Deny Coverage for Care This article is being published in collaboration with ProPublica. Every day, patients across America crack open envelopes with bad news. Yet another health insurer...
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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...
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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,...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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....
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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....
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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...
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The European Commission is examining an Apple (AAPL) program created to comply with Europe’s new Digital Markets Act (DMA) that critics said hinders rival browsers and other apps on the company’s iPhone, sources familiar with the matter...
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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...
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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 found. In...
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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...
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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,...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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Novo Holdings’ proposed $16.5 billion acquisition of Catalent (CTLT) is likely to trigger European Commission questions over rival drugmakers’ access to critical manufacturing facilities and may require at the very least supply guarantees to quell concerns, according to a Capitol...
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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...
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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...
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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...
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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...
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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...
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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...
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Hong Kong-based private equity firm Ascendent Capital Partners’ planned $1.66 billion buyout of Hollysys Automation Technologies (HOLI) is likely to face scrutiny from China’s antitrust regulator and the country’s opaque national security review agency, sources familiar with the...
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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...
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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...
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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...
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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...
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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...
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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”...
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WillScot Mobile Mini Holdings (WSC) has pursued an aggressive seven-year roll-up strategy in the office trailer and portable storage business, largely avoiding antitrust scrutiny while completing an eye-popping 21 acquisitions in the last two years alone. It’s now trying to buy what...
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In leaning toward suing to block Tapestry’s (TPR) proposed buyout of Capri (CPRI), the agency sees the $8.5 deal as unacceptably shrinking the number of companies that employ workers for the handbag makers, sources familiar with the matter...
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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...
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Focus on DOJ in NAR broker fee litigation. All eyes in the real estate industry are on the DOJ and whether it will bless or object to the massive National Association of Realtors (NAR) settlement that would permanently reshape broker compensation. DOJ is now freer to intervene in the...
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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...
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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,...
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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...
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Former employees of Ambercare, a New Mexico subsidiary of Addus HomeCare (ADUS), tell The Capitol Forum that managers at the company often made home health patients appear in need of more services than were necessary to increase payments from...
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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...
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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...
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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...
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A sales agent at insurance giant Globe Life (GL) subsidiary American Income Life Insurance Company (AIL) filed an unfair labor practice charge with the National Labor Relations Board (NLRB) today, alleging AIL retaliated against the worker for discussing their pay and working conditions,...
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American Express Global Business Travel’s (GBTG) proposed $570 million acquisition of CWT, which operates a service that U.S. military personnel and other federal officials use to arrange trips, could raise red flags over the Qatari government’s stake in the deal, national security...
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In 2019, state and federal authorities stripped Chicago Lakeshore Hospital, a behavioral facility for teens and adolescents, of both funding and its license after a string of regulatory violations and allegations of child abuse. Two years later, Acadia Healthcare (ACHC) purchased the...
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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....
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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...
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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...
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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...
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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...
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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...
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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...
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DOJ is strongly considering a suit to block UnitedHealth Group’s (UHG) proposed $3.3 billion acquisition of Amedisys (AMED), deposing executives of the two companies, sources familiar with the matter...
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Synopsys’s (SNPS) proposed $35 billion acquisition of Ansys (ANNS) would give it control over the two most popular programs for a cutting-edge method of chip design, sparking concerns among customers about price increases and less interoperability with rival...
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EQT Corp’s (EQT) proposed $5.5 billion acquisition of its former pipeline arm Equitrans Midstream Corp (ETRN) would create Appalachia’s largest vertically integrated natural gas company and one that would have extensive dealings with EQT...
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A Capitol Forum analysis of the Pennsylvania Department of Drug and Alcohol Programs database of treatment centers in the state finds that centers run by Acadia Healthcare (ACHC) have significantly higher rates of regulatory violations when compared with non-Acadia centers. These rates of...
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Chinese home appliance supplier Haier Smart Home’s (HK:6690) proposed $640 million acquisition of Carrier Global’s (CARR) commercial refrigeration business requires a filing under the Foreign Subsidies Regulation (FSR) in Europe, according to sources familiar with the...
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Adverse event reports received by the Food and Drug Administration and released to the public on a monthly basis continue to raise questions about the agency’s ability to ensure medical device safety, a Capitol Forum review of data related to implantable cardiac rhythm devices...
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Staff at Ambercare, a New Mexico subsidiary of Addus HomeCare (ADUS), failed to provide any services for almost 1,000 Medicaid recipients in the state, according to an internal email reviewed by The Capitol Forum and interviews with former employees of the company. In the August 2023...
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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...
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Capital One’s (COF) plan to acquire Discover Financial (DFS) will test whether a key regulator is committed to its policy to restrict banks that have faced multiple disciplinary actions from expanding, in light of large penalties levied against Capital One in recent...
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The European Commission has been examining over 90 passenger routes served by both International Airlines Group (IAG) and Air Europa, a Spanish carrier that IAG is attempting to purchase for the second time in five years, according to sources familiar with the...
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Six Flags Entertainment (SIX) and Cedar Fair’s (FUN) proposed “merger of equals” would eliminate close competition between the theme park operators in three metropolitan areas—Washington, D.C., Philadelphia, and the San Francisco Bay Area—an outcome that’s the likely focus of...
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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...
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Evolv Technology (EVLV), which has sold itself to customers and investors as a “frictionless” artificial intelligence weapons detection system capable of screening people 10 times faster than conventional metal detectors, recently made several changes to its online marketing...
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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...
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The FTC’s challenge to Kroger’s (KR) proposed $24.6 billion acquisition of rival supermarket operator Albertsons (ACI) is relying on a novel labor argument that, although untested in court, might avoid pitfalls that plaintiffs have experienced in bringing antitrust cases involving...
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LifeStance Health (LFST), a roll-up of outpatient mental health clinics across 33 states, appears to have added 50 net clinicians month-to-date, according to a Capitol Forum analysis of the company’s online provider...
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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 Forum. Since January 1, four major PBMs—Express...
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UnitedHealth Group (UNH), a focus of DOJ’s Section 2 investigation of the managed care industry, recently received a civil investigative demand from the department, sources familiar with the matter...
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Understaffed medication-assisted treatment centers run by Acadia Healthcare (ACHC) allegedly routinely dispense drugs to patients without providing the necessary counseling sessions despite government requirements to do so, a Capitol Forum investigation has...
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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...
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Synopsys’s (SNPS) proposed acquisition of rival design software maker Ansys (ANSS) is ratcheting up fears among some customers that the $35 billion deal would create a monopoly in programs used for developing lenses in microscopes, smartphone cameras and...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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With less than a month remaining before a critical March 7 deadline, Google’s (GOOG) plan to comply with the European Union’s sweeping Digital Markets Act is garnering bad reviews from retailers and operators of comparison shopping sites, sources familiar with the matter said. In...
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British telecommunications companies have warned the Competition and Markets Authority that the planned 15 billion pound ($18.9 billion) combination of CK Hutchison’s (0001.HK) and Vodafone’s (VOD: LN) UK mobile networks would give the new entity control over more than half the...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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The regulatory path grew riskier for Alaska Airlines’ (ALK) proposed $1.9 billion acquisition of Hawaiian Airlines (HA) after DOJ won the JetBlue/Spirit case last week, antitrust and airline experts told The Capitol Forum. In enjoining JetBlue Airways’ (JBLU) $3.8 billion attempted...
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State lawsuits to block Kroger’s (KR) proposed $24.6 billion acquisition of rival supermarket chain Albertsons (ACI) could provide a form of insurance for the FTC if a widely anticipated challenge of the deal by the agency were unsuccessful, five former antitrust enforcement officials...
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Choice Hotels International’s (CHH) $8 billion hostile takeover of rival Wyndham Hotels & Resorts (WH) has triggered requests from the offices of four state attorneys general—Colorado, Washington state, Kansas and Vermont—to receive material the companies are providing the...
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Former employees of AirSculpt (AIRS), a national chain of body-contouring liposuction clinics, are raising concerns about lax standards, including poor sterilization processes, that are harming patients. Knowledge of these harms, which include infections and at least one patient death,...
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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...
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Nippon Steel’s (5401.T) proposed takeover of U.S. Steel (X), once a symbol of American industrial might, is generating serious political opposition that complicates the $14.9 billion deal’s regulatory path. Just days after the Japanese buyer unveiled the transaction on December 18,...
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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,...
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Executives at Toronto-Dominion Bank (TD) knew of a DOJ anti-money laundering investigation more than six months before the company publicly disclosed the probe, which ended up scuttling their proposed $13.4 billion buyout of First Horizon Bank (FHN) last year, sources familiar with the...
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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...
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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...
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FTC staff reviewing ExxonMobil’s (XOM) proposed $59.5 billion acquisition of Pioneer Natural Resources (PXD) will likely examine the past labor practices of the companies, according to a Capitol Forum analysis—a history that includes the deaths of three oilfield services contractors...
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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,...
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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...
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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...
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This story was originally published by ProPublica. When Shawn Murphy’s wife died in 2009 after a botched gallbladder surgery, he presumed the doctor who performed the operation would be forced out of medicine for good. Dr. Pachavit Kasemsap, a former Air Force surgeon, had cut Loretta...
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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...
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Ten years after the FTC found that IDEXX Laboratories (IDXX) held an illegal monopoly in diagnostic testing for veterinarians, a Capitol Forum investigation finds that the company has taken steps to maintain its monopoly position through anticompetitive practices in its direct sales...
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Recalled implantable cardiac defibrillators sold by Medtronic (MDT) continue to generate hundreds of monthly reports of adverse events to the Food and Drug Administration, a Capitol Forum review of data has found. The devices, known as ICDs and CRT-Ds, were recalled in May when Medtronic...
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FTC Chair Lina Khan met last week with Alaska Representative Mary Peltola (D) to hear about what the lawmaker views as the harm state residents would suffer from Kroger’s (KR) proposed $24.6 billion acquisition of Albertsons (ACI), according to a congressional staffer. The two also...
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Dexcom (DXCM), a manufacturer of continuous glucose monitors (CGM), has not been providing all of the required supplies to patients using it devices, placing additional potential financial burdens on its patients and potentially violating Medicare guidelines, according to a Capitol Forum...
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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...
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The European Commission’s objections to Amazon’s (AMZN) pending $1.4 billion acquisition of iRobot (IRBT) and Adobe’s (ADBE) $20 billion plan to buy Figma could set the transactions on vastly different paths, according to an analysis by The Capitol Forum. While the...
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China’s antitrust authority’s new merger guidelines will account for problems that arise when geopolitics and U.S. export controls conflict with a merging company’s ability to fulfill its obligations on a remedy, a senior competition official said today. “Our antitrust authority...
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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,...
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Japanese entertainment powerhouse Sega Sammy Holdings’ planned buyout of Irvine, California gaming technology company GAN (GAN) will likely face an intensive U.S. investigation of the $108 million transaction’s effect on sensitive personal data and the buyer’s extensive ties to...
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ExxonMobil’s (XOM) proposed $59.5 billion takeover of Pioneer Natural Resources (PXD) and Chevron’s (CVX) $53 billion bid for Hess (HES) spurred a large number of Democratic senators in a letter this month to call on the FTC to closely probe the energy mega deals—a possible sign...
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This story was originally published by ProPublica. In North Carolina, lawmakers outraged that breast cancer patients were being denied reconstructive surgeries passed a measure forcing health insurers to pay for them. In Arizona, legislators intervened to protect patients with diabetes,...
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This story was originally published by ProPublica. Forrest VanPatten was 50 and strong after years as a molten-iron pourer when he learned in July 2019 that a hyperaggressive form of lymphoma had invaded his body. Chemotherapy failed. Because he was not in remission, a stem cell...
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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...
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The antitrust trial on DOJ’s suit to block JetBlue Airways (JBLU) $3.8 billion bid for Spirit Airlines (SAVE) entered its third week with Frontier Airlines (ULCC) CEO Barry Biffle asserting today that the “JetBlue Effect” tends not to “drop the fare as much” as ultra-low cost...
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Kroger (KR) and Albertsons’ (ACI) attempt to win regulatory approval for their $24.6 billion merger by selling assets to C&S Wholesale Grocers may face a hurdle from an unusual quarter—a C&S affiliate that is beholden to the biggest U.S. supermarket player of them all, Walmart...
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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...
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A 37-year-old mother of two walked into a San Diego AirSculpt (AIRS) office last October for abdominoplasty and gluteoplasty with liposuction. The woman had been sold on the promise of AirSculpt—advertised as a noninvasive alternative to traditional liposuction that claims to deliver...
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This piece is published in collaboration with 404 Media. Somewhere in the bowels of a Labcorp drug testing facility in Madison, Wisconsin, which one worker described to me as “the bunker,” is a severed human finger encased in wax. The finger, which workers presume was once attached to...
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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,...
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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...
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France’s rejection of U.S.-based Flowserve’s (FLS) proposed $245 million purchase of Canadian industrial valve manufacturer Velan (TSX: VLN) last month should serve as a warning to dealmakers regarding the limits of trust between even longstanding allies, trade and national security...
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Google (GOOG) CEO Sundar Pichai said today in court that the company’s revenue sharing agreements are “enhanced promotion” payments to make it the default search engine on devices and browsers, defending the deals against DOJ’s claims that they stifled competition. But the...
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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...
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Beauty and wellness product company ODDITY (ODD), which markets itself as a consumer technology firm that uses artificial intelligence to match shoppers with personalized skin, hair and anti-aging products, may be overstating the capabilities of that technology, a Capitol Forum...
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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...
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A few months after CMS and state regulators lifted sanctions against InnovAge (INNV), the country’s largest operator of PACE healthcare programs for low-income seniors, the company fired large portions of staff in its compliance, quality, and nursing departments. The company also began...
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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...
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In defending Adobe’s (ADBE) proposed $20 billion Figma acquisition, the companies have sought to address key weaknesses in the UK enforcer’s review process by putting senior executives in front of the Competition and Markets Authority (CMA) at the outset of the watchdog’s in-depth...
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More than a year after medical device maker Medtronic (MDT) notified customers of life-threatening defects in its implantable cardiac defibrillators—a warning that was later classified by the Food and Drug Administration as its most serious type of recall—hundreds of reports of...
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InMode (INMD), a manufacturer of aesthetic medical devices, has consistently posted gross margins of roughly 85% over the last several years, a figure that CEO Moshe Mizrahy has said is an absolute necessity for the company. In 2021, Mizrahy told investors that 85% gross margins are “a...
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This article has been updated with statements from spokespeople for Kroger and Albertsons. California Attorney General Rob Bonta is seriously considering a lawsuit against Kroger’s proposed acquisition of Albertsons, the AG said today at a press event in Washington, DC. “Right now,...
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Tapestry’s (TPR) proposed Capri Holdings (CPR) buyout has generated questions among investors about the $8.5 billion deal’s impact on prices for upscale handbags and other fashion accessories. But the transaction’s effect on those who help produce and sell these products might...
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The Competition and Markets Authority’s critics in the business community have accused the UK watchdog of what they view as a cardinal sin—unpredictability. But in an exclusive interview with The Capitol Forum this week, Eleni Gouliou, the CMA’s mergers director, described an...
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The proposed combination of Danish food ingredients makers Novozymes (NZYMB:DC) and Chr. Hansen (CHR:DC) has spurred a particularly lengthy pre-notification process with the European Commission, suggesting the transaction could encounter some regulatory obstacles, according to an analysis...
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Enbridge Inc’s (ENB) acquisition of electric utilities from Dominion Energy Inc (D) will give it control over Dominion’s northern Ohio natural gas storage assets, reducing the number of working gas storage owners in the Central Great Lakes region and potentially allowing Enbridge to...
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The Competition and Markets Authority’s critics in the business community have accused the UK watchdog of what they view as a cardinal sin—unpredictability. But in an exclusive interview with The Capitol Forum this week, Eleni Gouliou, the CMA’s mergers director, described an agency...
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In criticizing the FTC’s review of Pfizer’s (PFE) proposed buyout of Seagen (SGEN), Albert Bourla, CEO of the New York pharmaceutical giant, said last week that the agency was straying from the mainstream of antitrust enforcement by examining whether the $43 billion deal would thwart...
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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...
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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...
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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...
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Prescriptions for Korlym, the only drug sold by Corcept Therapeutics (CORT), at VA hospitals has fallen by roughly 90% since 2018, according to a Freedom of Information Act request by The Capitol Forum. That steep drop-off comes after a previously-undisclosed VA Office of Inspector...
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ZoomInfo (ZI), a creator and aggregator of profiles for business professionals, has been repeatedly processing and selling the personal information of at least one individual covered by the United Kingdom’s General Data Protection Regulations (UK GDPR), in violation of the...
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The FTC finally filed its landmark antitrust lawsuit against Amazon (AMZN), and the three FTC Commissioners and 17 states joining the FTC opted in favor of a narrow lawsuit focused on price—particularly how Amazon raises prices on customers across the internet and increases costs to...
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Security screening company Evolv Technology (EVLV) may be overstating the capabilities of its walk-through metal detectors, which the company markets as faster and smarter than competitors—claims that have been called into question by customers and an industry research group, raising...
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In its acquisition of utility company Dominion (D), Enbridge (ENB), a major pipeline operator, could use Dominion’s control over contracts between buyers and sellers of natural gas in Ohio to favor its own interstate pipelines, according to a Capitol Forum analysis. Enbridge currently...
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China’s review of Broadcom’s (AVGO) planned $61 billion VMware (VMW) acquisition has reached its final stages as senior government officials examine a proposed remedy that has increasing support from case handlers and investigators at the country’s competition regulator, sources...
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UnitedHealth/Emis review sparks third party complaints. The Competition and Markets Authority has published three third party responses critical of its decision to give a provisional green light to UnitedHealth Group’s (UNH) 1.2 billion pounds ($1.5 billion) plan to buy EMIS Health...
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Three FTC Commissioner Nominations on tap for hearing. The Senate Commerce Committee is set to hold a hearing on FTC nominees Melissa Holyoak and Andrew Ferguson and the renomination of FTC Commissioner Rebecca Slaughter. While the Republicans will likely not be confirmed before the...
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In audio recordings from a February sales conference, Dr. Spero Theodorou, Chief Medical Officer of InMode (INMD), told sales representatives to sell a device that he acknowledged did not have FDA approval to treat stress urinary incontinence (SUI) to OBGYNs because it was a “Trojan...
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Kroger’s (KR) proposed acquisition of Albertsons’ (ACI) is generating new union objections over the selected buyer of stores the supermarket operators would divest in exchange for the $24.6 billion deal receiving FTC and states’ clearance. Earlier this month, C&S Wholesale...
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Implantable cardiac defibrillators sold by medical device maker Medtronic (MDT), some of which have been recalled since August of 2022, continue to generate a high volume of reports of adverse events to the Food and Drug Administration, a Capitol Forum review of report data has found. The...
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The European approvals of Adobe’s (ADBE) $20 billion plan to buy Figma likely hinges on arguments that fast-growing competition from small, dynamic software design firms and constraints imposed by Big Tech titans will keep the merged entity in check, according to analysis by The...
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A former Google (GOOG) contract negotiator said today that guaranteeing its search engine was the default setting on smartphones was so important that it would only share revenue with the phone’s manufacturers and wireless carriers if they didn’t offer the same privilege to rival...
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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...
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The FTC’s four-year investigation of Johnson & Johnson’s (JNJ) allegedly illegal conduct in defending the market share of its blockbuster drug Remicade is inching toward litigation, according to sources familiar with the matter. The investigation is broader than has been publicly...
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Broadcom’s (AVGO) planned acquisition of VMware (VMW) is advancing through China’s regulatory process as the U.S. tech giant engages in discussions with the country’s competition enforcer over a proposed remedy that initially is receiving positive government and industry feedback...
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Months of monopolization cases ahead. To date, mergers and big legislative fights have tended to dominate the headlines when it comes to antitrust enforcement during the Biden administration. But monopolization enforcement and litigation are set to command attention through the remainder...
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Major tech companies prepare for Digital Markets Act designations. The European Commission is set to announce the first round of digital “gatekeepers” on Wednesday. Alphabet (GOOGL), Amazon (AMZN), Apple (AAPL), ByteDance, Meta (META), Microsoft (MSFT) and Samsung notified the agency...
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This article was published by Cheryl Clark of ProPublica as part of ProPublica and The Capitol Forum’s series on the American health care system. This joint investigation won Silver in the Barlett & Steele Awards, which recognize excellence in investigative business...
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Payers that contract with LifeStance Health (LFST) frequently send questionnaires to LifeStance to inquire about provider and appointment availability for a specific insured member who needs mental health care. But in the case of TRICARE and Anthem Blue Cross Blue Shield in certain...
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AAON Inc. (AAON), a large manufacturer of ventilation and air conditioning equipment for both commercial and residential use, discloses in its SEC filings that its customer Texas AirSystems LLC accounted for “more than 10% or more of its sales during 2022, 2021 and 2020” and accounted...
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McKesson (MCK), America’s largest pharmaceutical distributor, has almost tripled its net income to $3.56 billion over the past 13 years and now ranks No. 9 on the Fortune 500 list of the largest U.S. companies by revenue, just behind Google’s parent company, Alphabet (GOOGL). But...
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The Federal Energy Regulatory Commission (FERC) said yesterday that it wants more information on the Vistra (VST) acquisition of Energy Harbor (ENGH) after antitrust concerns were raised by state and regional authorities. “Please be advised that the Application is deficient, and the...
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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...
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Money Network Financial—a subsidiary of global fintech and payments company Fiserv (FI)—last year was awarded a contract by California’s Franchise Tax Board to administer the state’s middle class tax refund, consisting of over $9 billion to be disbursed to over 32 million eligible...
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The fate of Intel’s (INTC) proposed $5.4 billion Tower Semiconductor acquisition has grown even murkier following President Joe Biden unveiling his long-anticipated executive order limiting U.S. investment in China, said attorneys in the country not involved with the deal. On the one...
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Microsoft’s (MSFT) persistent attempts to close its proposed takeover of game developer Activision Blizzard (ATVI) have prompted the Competition and Markets Authority to reassess the merger, effectively pushing the regulator to engage in what amounts to a phase 3 investigation of the...
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Private equity firm EQT is said to have avoided a UK antitrust review of its proposed 4.5 billion pound ($5.6 billion) acquisition of Dechra Pharmaceuticals (DPH: LN). The Competition and Markets Authority had sought further information from the parties following their submission of a...
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In July, Houston Natural Resources (OTC: HNRC) acquired Appalachian operator Cunningham Energy for an undisclosed sum, after paying $19.62 million for a 9.9% interest in October 2022, with the company planning a NASDAQ or NYSE uplisting later this year. Central to the deal is an...
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After a series of recalls of implantable cardiac devices sold by medical device maker Medtronic (MDT), a Capitol Forum review of device incident data suggests that there may be more adverse events associated with the defibrillators than the company has identified in its recalls due to the...
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Amazon’s (AMZN) proposed $1.7 billion iRobot (IRBT) acquisition is providing European enforcers an opportunity to further develop a 21st century economic theory of harm created with tech platforms in mind. In announcing its phase 2 in-depth investigation of Amazon/iRobot last month, the...
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DOJ has launched a monopolization investigation of the managed-care industry, said people familiar with the matter but not involved in the probe. The investigation is still in the early stages, the sources said, and is being conducted under Section 2 of the Sherman Act, which makes it...
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The Department of Justice is looking at whether Citigroup (C) discriminated against Black and Hispanic homebuyers in recent years, at a time when the nation’s third-largest bank was struggling to satisfy federal banking rules, according to sources familiar with the matter. A national...
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For Medicare to pay for inpatient rehabilitation, patients must be diagnosed with at least one of 13 possible conditions and must be able to show a need and capability to undergo intensive rehabilitation for at least 15 hours per week. Medicare also requires that the assessment, known as...
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The prospects for Broadcom’s (AVGO) proposed VMware (VMW) buyout, Intercontinental Exchange’s (ICE) attempted Black Knight (BKI) purchase and L3Harris Technologies’ (LHX) bid for Aerojet Rocketdyne have distinctly improved due to a series of recent, unrelated developments, according...
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U.S. antitrust enforcers could target Amazon’s (AMZN) planned $1.7 billion iRobot (IRBT) buyout, Thoma Bravo’s $2.3 billion ForgeRock (FORG) bid and Globus Medical’s proposed $3.1 billion NuVasive (NUVA) tie-up, according to a Capitol Forum analysis of draft merger guidelines...
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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...
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On August 31, the Deka Group expects its ESG ETFs to drop FirstEnergy (FE) following an index rebalancing by MSCI (MSCI), according to a statement made to The Capitol Forum by a Deka spokesperson. The Capitol Forum first reported in June that FirstEnergy would be dropped from numerous...
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DOJ is leaning toward suing to block Thoma Bravo’s planned buyout of cybersecurity software maker ForgeRock (FORG), sources said, raising questions about whether the private equity firm will bow out as the buyer in the $2.3 billion deal. Following an...
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The Capitol Forum recently published an analysis of market share and pricing data for the blockbuster autoimmune disorder treatment Remicade (infliximab), which has been under FTC investigation since 2019. Our reporting exposed a broken system in which rebate schemes appear to drive...
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Globus Medical’s (GMED) proposed $3.1 billion acquisition of rival NuVasive (NUVA) could accelerate a market trend that has resulted in fewer choices of spinal devices and operating techniques, some surgeons told The Capitol Forum. The surgeons said that hospitals seeking discounts on...
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Germany’s antitrust regime for technology giants may already be proving more effective than the EU’s Digital Markets Act, with the European Commission and the UK’s Competition and Markets Authority leaving the German enforcer to take on a complaint against Google’s (GOOGL)...
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Pfizer’s (PFE) plan to buy Seagen (SGEN) for $43 billion is said to face scrutiny by the European Commission following a referral request by the buyer. The deal could draw regulatory questions in Europe about a royalty payment Pfizer is set to receive for bladder cancer drug Bavencio,...
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Experts say the FTC’s Robinson-Patman Act investigation into Coke (COKE) and Pepsi (PEP) could make for a shrewd first enforcement action, given the clear evidence of price discrimination by big soda against small retailers. The FTC is renewing enforcement of the 1936 anti-chain store...
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This article is being published in partnership with ProPublica. This joint investigation won Silver in the Barlett & Steele Awards, which recognize excellence in investigative business journalism. It’s one of the most crucial questions people have when deciding which health plan to...
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LifeStance Health (LFST), a nationwide roll up of outpatient mental health clinics, has, in at least some clinics, installed gatekeepers who demand patients pay whatever the company’s error-ridden billing system shows as outstanding—even if it’s wrong—as a precondition to seeing...
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As Kroger (KR) and Albertsons (ACI) attempt to create the second-largest U.S. supermarket group after Walmart (WMT), the FTC is dusting off a Depression-era law aimed at curbing the power of large retail chains, suggesting that the long-dormant statute could play a role in a potential...
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Chevron’s proposed $7.6 billion merger with PDC Energy would significantly consolidate the Colorado oil and gas industry—the fifth largest crude oil-producing state in the U.S.—combining Chevron’s 10 percent of Colorado’s market share with PDC Energy’s 16 percent, according to...
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Index providers S&P Global (SPGI), MSCI (MSCI) and the London Stock Exchange Group’s (LSE) FTSE Russell are likely poised to remove FirstEnergy (FE) from at least 18 of their ESG indices after their next quarterly redetermination, according to a Capitol Forum investigation. Over a...
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China’s antitrust authority has quietly made two key staff appointments in its merger department, putting a seasoned enforcer and a relative novice in charge of reviewing multibillion-dollar technology deals including Intel’s (INTC) proposed buyout of Tower Semiconductor (TSEM), said...
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The FTC has been investigating blockbuster biologic autoimmune disorder treatment Remicade (infliximab) since June 2019. Remicade is a tumor necrosis factor (TNF) inhibitor first approved in 1998 and marketed by Johnson & Johnson subsidiary Janssen. The drug is currently indicated to...
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The European Commission is said to have not sought feedback from some critics of Broadcom’s (AVGO) proposed VMware (VMW) acquisition regarding the U.S. chipmaker’s offer to address the regulator’s concerns about the $61 billion deal. By not approaching these critics, the commission...
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Earlier this morning, the FDA published a lengthy warning letter the agency had sent to heart monitoring company iRhythm (IRTC) regarding the marketing of its Zio AT System as providing “near real-time monitoring” for immediate monitoring of “high-risk patients.” However, as the...
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The response to a recent records request by The Capitol Forum to the Kentucky Attorney General suggests that the agency’s investigation into genetic testing company Natera (NTRA) has progressed over the last three months, with the agency gathering evidence and potentially preparing for...
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Microsoft set for possible July showdown with CMA over Activision deal denial. Microsoft’s (MSFT) challenge at the Competition Appeal Tribunal to the UK’s decision prohibiting its proposed $68.7 billion acquisition of Activision Blizzard (ATVI) has been penciled in for July 24....
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Despite publicly professing a desire to cooperate with the FTC and revise certain billing practices, FleetCor Technologies’ (FLT) problematic billing and fee practices appear to continue, according to The Capitol Forum’s ongoing investigation into the company. At issue are the...
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UnitedHealth Group (UNH) will probably need the Competition and Markets Authority’s unconditional clearance for its planned 1.2 billion pound ($1.5 billion) acquisition of health care software and systems provider Emis Group (EMIS: LN) after the UK regulator rejected the company’s...
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The FTC’s suit to block Amgen’s (AMGN) $27.8 billion acquisition of Horizon Therapeutics (HZNP) rests on tenets of antitrust law that U.S. antitrust enforcers haven’t used to challenge a merger in decades, prompting a skeptical response from defense attorneys and veteran deal...
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U.S. chipmaker MaxLinear (MXL) has achieved some progress in negotiating a remedy proposal with China’s antitrust authority for its planned $3.8 billion acquisition of Taiwanese rival Silicon Motion Technology (SIMO), sources familiar with the matter said. Case handlers at the State...
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Former sales employees of InMode (INMD), a manufacturer of medical aesthetic devices, tell The Capitol Forum that the company had a “hand in glove” relationship with Financial Partners Group (FPG), a broker that arranged financing for purchases of InMode devices by clinics and med...
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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...
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In October, the Better Business Bureau submitted a written request to LifeStance Health Group, Inc. (LFST), a publicly traded, private equity-backed company that owns or manages hundreds of outpatient mental health facilities across 33 states, encouraging LifeStance to address a pattern...
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Environmental, social, and governance (ESG) concerns factored into Swiss investment firm Pictet’s internal decision to close a position in FirstEnergy (FE) held by its sustainability-focused fund, according to information obtained by The Capitol Forum. The Pictet Clean Energy Transition...
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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...
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The FTC is preparing to sue to block Amgen’s (AMGN) proposed $27.8 billion acquisition of Horizon Therapeutics (HZNP), sources familiar with the matter said. The agency’s three sitting Democratic commissioners, who met on Friday in a closed-door meeting to discuss the case, are set to...
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Grocers on the East Coast and in other U.S. regions have signed nondisclosure agreements to discuss potential purchases of Kroger (KR) and Albertsons (ACI) stores set to be divested as part of the supermarkets’ proposed $24.6 billion merger, according to two people familiar with the...
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Zynex Medical (ZYXI), a manufacturer of electrotherapy devices for pain management, is overbilling TRICARE, the military health program for active-duty soldiers and their family members, for millions of dollars in unnecessary supplies for its devices, according to a Capitol Forum...
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How Assa Abloy/Spectrum Brands ended up in mediation. Judge Ana Reyes, despite being a Biden appointee, was antagonistic towards the government behind closed doors from the beginning of the Assa Abloy/Spectrum Brands case seemingly because she believed that the case should settle rather...
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Days after the head of Toronto-Dominion Bank (TD) declared he was “fully committed” to his company’s proposed acquisition of First Horizon Bank (FHN), he met with senior officials of one U.S. regulator that will decide whether the $13.4 billion deal goes ahead, according to an...
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Kroger’s (KR) plan to acquire rival grocer Albertsons (ACI) is raising concerns among FTC lawyers and state attorneys general about how the $24.6 billion deal would affect pharmacy services in certain U.S. regions, sources familiar with the matter said. Nationally, the companies control...
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Chinese antitrust enforcers are likely to make a decision on Intel’s (INTC) proposed buyout of Tower Semiconductor (TSEM) in the coming weeks, ending a long “stop the clock” on their review of the $5.4 billion transaction, said China-based legal experts and practitioners. The...
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Viasat’s (VSAT) proposed acquisition of rival satellite service supplier Inmarsat Group (ISAT: LN) appears on course for a European Commission green light as the regulator so far has declined to produce a formal charge sheet on the $4 billion deal. “As of today, the commission has...
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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...
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FTC’s Health Care division agenda. Taking a look at the overall health care conduct enforcement agenda at the FTC, there appears to be plenty of bandwidth for Health Care Division’s roughly 35 attorneys to bring more cases. That’s particularly true considering that the agency’s...
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The Beauty Health Company (SKIN), maker of the HydraFacial skincare device and products, has clamped down on chatter among frustrated estheticians who recently took to a Facebook group page to voice concerns about defective HydraFacial machines and to discuss potential competitor...
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Seeing a green light from the Department of Labor, private equity firms are developing new investment products they hope will achieve their longtime goal of accessing the lucrative $7 trillion 401(k) market, industry experts tell The Capitol Forum. Private equity funds have historically...
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Companies like Verisk Health and UnitedHealthcare (UNH) could draw unwanted attention from DOJ now that three policy statements regarding information sharing “safety zones” for healthcare companies have been withdrawn. The two companies have been singled out in the past for...
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UnitedHealth Group’s (UNH) plan to buy health care software and systems provider Emis Group (EMIS: LN) is said to have been pushed to an in-depth review by the Competition and Markets Authority because the watchdog sought asset divestures beyond those owned by the buyer in the...
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Microsoft (MSFT) is said to have broadened a remedy offered to the European Commission in connection with the company’s proposal to buy Activision Blizzard (ATVI) for $68.7 billion. The commission is seeking third-party feedback on the expanded offer. The change is said to relate to the...
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Ohio Attorney General Sues PBMs for Price Fixing. Ohio AG Dave Yost targeted PBMs’ strategy of hiding behind “rebate aggregating” pharmaceutical group purchasing organizations in a price-fixing lawsuit filed March 27. According to the complaint “Big Three” PBM Express Scripts,...
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Has McConnell’s absence from Senate delayed Republican FTC appointments? While antitrust enforcers made some headlines at the ABA Spring Meeting (see below for key remarks and highlights), the health of Senate Minority Leader Mitch McConnell was a subject of interest, as he is set to...
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At yesterday’s marathon hearing, U.S. District Judge Ana C. Reyes grilled DOJ litigator, Matthew Huppert, over the appropriate legal framework to apply to merger challenges involving a divestiture. Judge Reyes also indicated that DOJ’s challenge to Assa Abloy’s (ASSA-B:SS) bid for...
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Software company Adobe’s (ADBE) $20 billion plan to purchase the privately held design platform Figma will be reviewed by regulators in London and Brussels, and winning approval from both agencies is likely to be a challenge, according to an analysis by The Capitol Forum. Adobe’s...
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U.S. financial regulators’ decisions on TD Bank’s (TD) proposed $13.4 billion acquisition of First Horizon Bank (FHN) are being held up by issues raised in a DOJ investigation, a source familiar with the matter said. It’s unclear what the focus of the DOJ investigation is and how...
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This article was published in partnership with ProPublica. This joint investigation won Silver in the Barlett & Steele Awards, which recognize excellence in investigative business journalism. When a stubborn pain in Nick van Terheyden’s bones would not subside, his doctor had a...
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Bidding documents produced during the first stages of states’ efforts to plug wells with federal funds reveal that certain wells identified for plugging appear to be owned by active operators like Chesapeake Energy (CHK), Diversified Energy (LON: DEC), or BP (BP), according to The...
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FTC staff reviewing Amgen’s (AMGN) proposed $27.8 billion acquisition of Horizon Therapeutics (HZNP) is probing the acquirer’s track record of raising drug prices and allegedly shielding its products from competition, sources familiar with the matter said. The staff is considering...
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DOJ said today that it wouldn’t appeal a federal judge’s decision allowing UnitedHealth’s (UNH) $7.8 billion acquisition of Change Healthcare (CHNG). The purchase of Change, which operates the most popular clearinghouse for insurance information, puts UnitedHealth, the No. 1...
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Microsoft makes formal EC remedy offer. Microsoft (MSFT) last week offered formal concessions to the European Commission in connection with its planned takeover of Activision Blizzard (ATVI). The Brussels-based regulator will seek third-party feedback on the offer. The offer is said...
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UBS’s takeover of Credit Suisse, announced yesterday, is clearly at odds with the Biden administration’s whole-of-government approach to enforcing competition policy. The merger combines a formerly top 10 bank with its Swiss rival – an outcome that would have been unthinkable from a...
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Prior to last month, InMode (INMD), a manufacturer and vendor of aesthetic medical devices, had not been submitting mandatory reports to the Food and Drug Administration regarding injuries and malfunctions stemming from the use of its devices, according to a Capitol Forum analysis of an...
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Fitness franchisor Xponential (XPOF) in some cases appears to provide financial projections as part of its sales pitch to prospective franchisees beyond those contained in its franchise disclosure documents—a potential violation of federal franchise rules—according to interviews and...
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European cloud providers Aruba, Danish Cloud Community and OVHcloud met with EU competition chief Margrethe Vestager yesterday to discuss their allegations that Microsoft (MSFT) uses unfair software licensing practices to harm rivals of its own Azure cloud service, The Capitol Forum has...
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The European Commission and the FTC are said to be raising concerns about how Broadcom’s (AVGO) proposed $61 billion VMware (VMW) purchase could affect large corporate clients that access their VMware server virtualization software on premises. VMware is a market-leading producer of...
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A coup for Microsoft/Activision at the EC? Microsoft (MSFT) is set to receive a notable boost from the European Commission in connection with its planned $68.7 billion takeover of Activision Blizzard (ATVI), according to a report. The EC, the report said, is expected to approve the...
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Antitrust enforcement sparks optimism at Brussels event, but some say new laws key. Speakers at a Keystone Strategy conference in Brussels on March 2 voiced optimism that antitrust enforcement and competition policy have sprung back to life in the fight against monopolies and other...
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The Centers for Medicare and Medicaid has proposed changes to the risk adjustment model that will reduce or eliminate some of the extra money the agency pays to Medicare Advantage plans to manage and treat certain chronic conditions. In focus are certain inappropriate coding...
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With Intel’s (INTC) $5.4 billion bid for Tower Semiconductor (TSEM) under review by China’s antitrust authority, Intel China Chairwoman Wang Rui has embarked on a charm offensive, stressing the company’s long-term commitment to the country. Wang, who’s also a senior vice...
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The Federal Reserve has tapped Amazon (AMZN) to provide data storage for an ambitious new payment system, according to sources familiar with the matter. The move could increase political pressure to put the tech giant under the watch of U.S. financial system regulators. The new...
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After initially trying to get the Federal Trade Commission and FleetCor (FLT) to reach an amicable decision on the scope of an order for permanent injunction and other relief, federal district court judge Amy Totenberg may be forced to issue an order, as the parties appear to remain far...
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Coterra Energy (CTRA) appears on track to see its lowest annual Marcellus output since 2018, with the company reporting an average of 77 million Mcfe per month from its Marcellus wells in the fourth quarter, Upstream shows. Coterra’s total Marcellus production in the second half of 2022...
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Almost one year since The Beauty Health Company (SKIN) rolled out its new RFID-enabled facial machine, Syndeo, problems with the device that were previously reported by The Capitol Forum persist and appear to be getting worse. The Capitol Forum has learned that facialists who bought the...
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Fitness franchisor Xponential (XPOF), whose brands include Club Pilates, Pure Barre and Cycle Bar, touts that it has never had a studio go out of business, even in the midst of pandemic restrictions that temporarily shut down exercise facilities and scared customers away from gyms. The...
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In response to a Texas Federal District Court decision vacating certain No Surprises Act implementation rules, the Centers for Medicare and Medicaid Services last week paused the issuance of all new No Surprises Act arbitration payment determinations and recalled all determinations issued...
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Consumers browsing the beer aisle will soon be confronted by a new product: Lipton Hard Iced Tea, the next big move by PepsiCo (PEP) to spin off a popular consumer product into the alcohol industry. It comes one year after Pepsi launched Hard Mtn Dew, a 5% alcohol version of Mountain...
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FTC staff attorneys reviewing Broadcom’s (AVGO) proposed purchase of VMware (VMW) are sounding out industry participants about whether they would sign declarations or participate in investigational hearings, deepening the agency’s investigation of the $61 billion deal, sources...
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Recent changes in disclosure requirements for loans to small businesses could affect doctors’ and spas’ willingness to finance equipment sold by InMode (INMD), a manufacturer and vendor of aesthetic skin care devices. These new laws, which recently went into effect in New York,...
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A response to a public records request from the Kentucky Attorney General indicates that the office may be formulating policy recommendations in regard to its active criminal investigation of the genetic testing company Natera (NTRA). The Capitol Forum has previously reported that Natera...
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This article is being published in partnership with ProPublica, with ProPublica’s David Armstrong and Maya Miller and The Capitol Forum’s Patrick Rucker contributing. This joint investigation won Silver in the Barlett & Steele Awards, which recognize excellence in...
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Corcept Therapeutics Incorporated (CORT) appears to have provided patients with free Korlym or financial assistance through charitable foundations to give them access to the company’s expensive flagship drug. After those people got access to the drug, the company aggressively pushed...
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Update: On June 6, 2024, Judge Steven Merryday entered an order dismissing Liberty Mutual’s case against EMSI with prejudice for failure to prosecute and ordered Liberty to pay EMSI’s legal fees of almost $70,000. A Capitol Forum investigation has uncovered extensive issues...
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Coterra Energy (CTRA) appears to be running out of Tier One inventory in the Marcellus, Upstream suggests, while its regional production during the first three quarters of 2022 has dipped to the company’s lowest levels since 2018. A surge in production in the second half of the year...
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UK competition enforcers investigating how Amazon (AMZN) treats rival retailers should be tougher than the European Commission has been in reining in the company’s dominance over e-commerce, two critics told The Capitol Forum. The EC and Amazon are expected to formalize a settlement...
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During last week’s hearing, D.C. District Court Judge Amy Berman Jackson indicated that she is considering following Judge Nichols departure from how other D.C. District Court judges have allocated the evidentiary burden for divestitures in DOJ’s challenge to block Assa Abloy’s...
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UnitedHealthcare (UNH), the largest insurer in the country, recently released its prostate surgeries and interventions commercial medical policy effective December 1, 2022. The policy reiterates the insurer’s prior view that aquablation, which uses a high pressure saline solution to...
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Chinese industry associations and airline operators are urging the country’s antitrust authority to require Korean Air (KRX: 003490) and Asiana Airlines (KRX: 020560) to abide by a remedy offer they made to address concerns with their proposed merger but subsequently rescinded, sources...
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InMode (INMD), a manufacturer of aesthetic medical devices, often does not tell doctors interested in purchasing their products about the additional licensing requirements needed to operate the devices, according to former company sales representatives. The omission, the former employees...
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Drug manufacturer Corcept (CORT) disclosed that late last year it received a records subpoena from the U.S. Attorney’s Office for the District of New Jersey, stating that the office was “seeking information relating to the sale and promotion of Korlym, Corcept’s relationships with...
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State efforts to stop Albertsons (ACI) from issuing a $4 billion special dividend to shareholders ahead of its planned merger with rival supermarket Kroger (KR) could complicate a potential federal challenge of the deal itself. The Washington, D.C., California, and Illinois attorneys...
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Natera’s (NTRA) joint venture with a Chinese genetic testing company that has ties to the People’s Liberation Army could spell issues for the company and raise potential national security and human rights concerns, according to national security experts interviewed by The Capitol...
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Approval from the Competition and Markets Authority will likely be the biggest European regulatory hurdle for Amazon’s (AMZN) $1.7 billion plan to buy automated cleaning device maker iRobot (IRBT), sources have told The Capitol Forum. In many ways, the deal is like Google’s...
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Microsoft (MSFT)—facing a likely FTC lawsuit this month to block its proposed Activision Blizzard (ATVI) buyout when a timing agreement with the agency expires—has so far failed to convince Sony (SONY) to drop its objections to the $68.7 billion deal, sources familiar with the matter...
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The Beauty Health Company (SKIN) recently told investors that slow growth in sales of the solutions and serums used in its trademark HydraFacial treatments was due to company giveaways of product with sales of its new Syndeo devices, saying device purchasers are given enough product to...
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Thoma Bravo (TBA), the world’s largest private equity firm, and cybersecurity software company ForgeRock (FORG) plan to pull and refile the notification for their proposed $2.3 billion merger, according to a source familiar with the matter. With the pull-and-refile, the...
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Amazon and Apollo are rolling up power in the air cargo market. In recent years, Amazon (AMZN) acquired equity and warrants in Atlas Air (AAWW) and equity and warrants at ATSG (ATSG)— two of the largest U.S. independent air cargo carriers, according to an analysis by The Capitol Forum...
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Two upcoming rulings by the UK’s Competition Appeal Tribunal (CAT) are expected to further clarify the price monopolist pharmaceutical companies can charge the UK’s National Health Service (NHS) for off-patent drugs, sources have told The Capitol Forum. The rulings—set to be...
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GOP senators warn law firms about clients’ possible ESG antitrust violations. Senate Republicans warned law firms about “possible antitrust violations” that their “clients may commit if they pursue Environmental, Social and Governance (ESG) initiatives.” The firms and their...
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Kroger’s (KR) planned $24.6 billion acquisition of rival grocer Albertsons (ACI) would result in common control of more than 1,400 closely competing stores absent divestitures, according to a Capitol Forum analysis. Past reviews of grocery mergers by the FTC have centered on economic...
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Assa Abloy (ASSA-B:SS) confirmed last week that the company has taken initial steps to sell its Emtek lock brand and smart residential business in the U.S. and Canada to oppose DOJ’s challenge to its $4.3 billion bid for the hardware and home improvement (HHI) division of Spectrum...
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Yesterday, the Department of Justice announced that it had filed a civil lawsuit against Cigna (CI) alleging that the insurer defrauded the Medicare Advantage program out of tens of millions of dollars. The allegations raised by the government are similar to those uncovered by The Capitol...
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Federal Deposit Insurance Corporation (FDIC) staff members were so concerned about fair lending failings at Flagstar Bancorp (FBC) that they told executives at New York Community Bancorp (NYCB) that they wouldn’t support their proposed $2.6 billion acquisition of the company, according...
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Coordination Out Loud: Analysis of Public Statements from Fertilizer Industry Executives Special Note: Coordination Out Loud is a series of articles that analyze select corporate transcripts through the lens of Joseph Harrington’s landmark paper, “Collusion in Plain Sight: Firms’...
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The information contained in this report is compiled from the CFPB’s publicly available complaint data. The agency uses complaint information to monitor risk in financial markets, assess risk at companies, and prioritize agency action. The Capitol Forum’s compilation of the data also...
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As regulatory concerns in the U.S. and Europe persist about Microsoft’s (MSFT) proposed $68.7 billion Activision Blizzard (ATVI) acquisition, two developments that occurred late last month—Google shuttering its Stadia service and Netflix’s deepening commitment to video-game...
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The Committee on Foreign Investment in the United States (CFIUS) and the UK’s Department of Business, Energy and Industrial Strategy (BEIS) are coordinating their national security reviews of the proposed purchase of Britain-based F-Star Therapeutics (FSTX), a company linked to research...
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House Speaker Nancy Pelosi and Energy and Commerce Committee Chairman Frank Pallone, Jr., raised concerns about Standard General’s $8.6 billion bid for broadcast station group Tegna (TGNA). In an October 6 letter to FCC Chairwoman Jessica Rosenworcel, the two Democrats asked the FCC...
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Energy and transportation company FTAI Infrastructure (FIP) will likely see lower revenues this quarter amid a cut to steel and tin production from its largest freight customer, US Steel (X), according to a Capitol Forum investigation. ...
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Last week, UnitedHealthcare (UNH), the largest insurer in the country, published updated coverage determinations for three Community Plan Medical Policies in New Jersey, Kentucky, and Tennessee. The updated determinations did not include coverage for the prostate treatment known as...
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The Beauty Health Company (SKIN) produces devices and serums for facial treatments at spas and dermatology clinics, with the Hydrafacial system being its flagship brand. While the company commands a high price for the Hydrafacial system and equipment, the consumable serums, boosters, and...
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Pediatrix Medical Group (MD), the leading neonatology and specialty pediatric care staffing company, relies on noncompete agreements with physicians and nurse practitioners that bar them from working at a competing practice in a geographical area after leaving the company. The...
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Postage Reseller Express One earlier today filed for a temporary restraining order and preliminary injunction preventing the USPS from terminating the Shipping Services Contract the parties entered into in December 2019. The termination is set to become effective after Friday September...
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Amazon’s (AMZN) proposed $1.7 billion acquisition of iRobot (IRBT) has sparked fevered debate over the 21st century fear of Big Tech’s data collection inside the home. But the deal’s critics also have raised concerns that are similar to those at the center of a 55-year-old...
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The FTC is seeking a court order for permanent injunction and other relief against FleetCor (FLT) and its CEO Ronald Clarke that would prohibit some of the practices the company has relied on to generate hundreds of millions in improper fee revenue from small businesses that use its fuel...
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The UK’s Competition and Markets Authority is said to have held an “issues meeting” with Microsoft (MSFT) in which the authority outlined the competition concerns it sees with the company’s proposed $68.7 billion acquisition of video game publisher Activision Blizzard (ATVI). ...
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China’s antitrust review of DuPont’s (DD) proposed $5.2 billion acquisition of Rogers Corporation (ROG) has hit an impasse as the companies haven’t yet resolved stiff industry concerns with their deal, sources familiar with the matter said. That’s led to case handlers at the...
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Citizens of European countries subject to the General Data Protection Regulations are having their personal mobile phone numbers processed and sold without their consent by ZoomInfo (ZI), an aggregator of business-related contact information, according to a Capitol Forum...
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The Department of Education announced that yesterday it formally notified DeVry that the institution is liable to the Department for nearly $24 million for approved borrower defense claims, according to a press release. The notice is an initial demand that relates to DeVry Direct Loan...
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Some consumers seeking health insurance claim they are sold plans that are marketed as “nationwide PPO network plans” that provide benefits similar to traditional, comprehensive health insurance plans. However, in reality the plans provide meager benefits, cap coverage, and exclude...
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Two economists today argued over whether UnitedHealth Group (UNH) would be more likely to mine valuable health insurance claims data if the company completed its proposed $7.8 billion Change Healthcare (CHNG) acquisition. This morning in federal court, Kevin Murphy, a University of...
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JetBlue’s (JBLU) proposed $3.8 billion acquisition of Spirit Airlines (SAVE), which the companies formally inked on July 28 after a months-long takeover dance, faces an uphill climb to close given the carriers’ overlaps on dozens of highly-concentrated U.S. city-pair routes and a...
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JPMorgan Chase Bank (JPM) avoided public sanctions during the Trump administration for allegedly creating fake accounts when the Consumer Financial Protection Bureau (CFPB) opted to quietly close the matter instead, according to sources familiar with the matter, adding yet another major...
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The draft regulations of the California Privacy Rights Act contain various provisions that are designed to limit the sharing of consumers’ personal data with third-party companies that do not directly interact with consumers, according to privacy experts interviewed by The Capitol...
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American First Finance, a point-of-sale consumer finance and rent-to-own company recently acquired by payday lender FirstCash (FCFS), operates in California without a nonbank lending license because the company has determined its retail sales installment agreements do not constitute a...
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China’s antitrust authority is preparing to introduce a new online merger-filing system and other measures that could subject deals such as MaxLinear’s (MXL) $3.8 billion buyout of Taiwan’s Silicon Motion Technology (SIMO) to longer reviews and heightened uncertainty, people...
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Marking a return to the region after its 2020 exit, oil and natural gas explorer and producer EOG Resources (EOG) is ramping its drilling program and increasing its acreage on the edge of the Utica Basin’s oil window in Ohio, according to a Capitol Forum investigation. Companies like...
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The European Commission is set to resume its in-depth probe of Illumina’s (ILMN) takeover of cancer-detection test maker Grail in short order, with the Brussels-based regulator expected to seek third-party feedback on a revised set of concessions offered by Illumina, The Capitol Forum...
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AdaptHealth (AHCO), a distributor of durable medical equipment, has a strong appetite for purchasing local and regional competitors, acquiring over 90 medical suppliers over the last four years. These acquisitions and the resulting efforts by the company to cut costs, however, can often...
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DOJ’s concerns about Cargill’s $4.5 billion joint venture with Continental Grain’s Wayne Farms to buy Sanderson Farms (SAFM) have spawned negotiations between senior department officials and the companies over remedies to safeguard wages and conditions post merger for poultry...
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The U.S. antitrust agencies are increasingly fighting reverse clearance battles in which—rather than seeking to gain authority to investigate particular mergers—they’re instead pushing their sister enforcement agency to review the transactions, sources familiar with the matter...
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America’s top patent and pharmaceutical regulators took a joint stand against pricey prescription medication last week, agreeing to work together to keep drugmakers from using “incremental” patents to impede the release of cheaper versions of their products. But their initiative...
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On Friday, the California Privacy Protection Agency initiated the formal rulemaking process to adopt proposed regulations implementing the Consumer Privacy Rights Act of 2020 (CPRA), which amend and expand upon the California Consumer Privacy Act. The proposed regulations strengthen...
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The Consumer Financial Protection Bureau (CFPB) during the Trump administration decided not to punish TD Auto Finance, a subsidiary of TD Bank (TD), following a years-long investigation into TD Auto Finance, according to an agency document and sources familiar with the matter. The CFPB...
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Elise Baskel took over as President of Perdoceo’s (PRDO) Colorado Technical University (CTU) in January 2022. In short order, Baskel implemented a trading plan known as 10b5-1 to regularly sell off her vested shares in Perdoceo, ultimately selling off 100% of her vested shares over a...
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As Appalachian natural gas companies continue to bring their portfolios to market, buyers have yet to be persuaded on the upside as they expect further volatility into the winter and beyond. Sellers like ExxonMobil (XOM), Tug Hill Operating, Apex Energy, and Olympus Energy have been...
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The financing practices of American First Finance (AFF), a subsidiary of pawn shop operator FirstCash, Inc. (FCFS), could draw the scrutiny of the Federal Trade Commission and state attorneys general, according to an investigation by The Capitol Forum. AFF specializes in point-of-sale...
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The UK economy is exhibiting a “worrying combination of trends”: more concentrated industries, higher prices by way of greater markups – a measure of market power – and the largest companies holding onto their sector-leading positions for longer, according to Mike Walker, the...
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EC conducts fashion sector antitrust raids. The European Commission on Tuesday disclosed it has begun conducting unannounced inspections of fashion-industry companies in several EU member countries. The raids are a preliminary investigative step into suspected anticompetitive practices...
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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...
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The Committee on Foreign Investment in the United States (CFIUS) is still reviewing Ericsson’s (ERIC) proposed $6.2 billion buyout of U.S. cloud communications provider Vonage (VG), said a spokesperson for the Swedish telecommunications company, ending weeks of investor speculation...
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Despite finding TD Bank (TD) wrongly pressured customers into opening accounts and using banking services they didn’t want, a leading bank regulator during the Trump administration opted to give the company a private reprimand rather than a fine for the abuses, according to sources...
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The real history of morale at the FTC: Jim Miller on combative staff early in his tenure. The Office of Personnel Management last week released the results of its 2021 Federal Employee Viewpoint Survey (FEVS), which collects feedback from agency employees to detail their views on agency...
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DOJ and FTC officials in recent speeches have touted a historically underutilized prong of the Clayton Act they said could serve to meaningfully broaden the scope of U.S. merger enforcement. The Clayton Act prohibits mergers or acquisitions whose effect “may be substantially to lessen...
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MultiPlan’s (MPLN) products for health plans fall under two umbrellas—a preferred provider organization (PPO) network product and products related to payment editing, negotiating, and repricing of healthcare claims. The Capitol Forum has previously reported about the company’s...
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Upstart amended loan modification program in April. According to a new KBRA pre-sale report on Upstart’s (UPST) structured pass through trust series 2022-2a, “In April 2022, Upstart amended its CRB and FinWise loan modification policies. Under the new policy, borrowers that have...
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JetBlue’s (JBLU) unsolicited $3.6 billion offer earlier this month to buy Spirit Airlines (SAVE) does more than inject uncertainty into the discount carrier’s future plans: It complicates Spirit’s role as a leading opponent of JetBlue and American Airlines’ (AAL) Northeast...
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Earlier this year, online used car dealer Carvana (CVNA) announced that it was acquiring the auction business of KAR Global (KAR) for $2.2 billion. The press release accompanying the announcement noted that the acquisition would greatly expand Carvana’s existing auto reconditioning...
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European Commission investigators are stepping up their ongoing probe into allegations Russia’s state-owned Gazprom (GAZP) has abused its dominance on the wholesale natural gas market as political pressure mounts to address surging energy prices in light of the war in Ukraine. The...
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Multiplan (MPLN) says that it provides “independent, fair, and reasonable” pricing for out-of-network healthcare services. Previous Capitol Forum reporting showed that Multiplan’s pricing is not independent, as it can be manipulated by insurers. According to Capitol...
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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...
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Last month, investment research firm Hindenburg Research published a report on the genetic testing company Natera (NTRA) that accused the company of deceptive practices regarding its insurance billings. At the center of the report was the allegation that the company had used a company...
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FTC Chair Lina Khan and DOJ antitrust division head Jonathan Kanter are fellow travelers in the anti-monopoly movement who have used their perches atop the U.S. antitrust agencies to implement much tougher approaches to merger review and remedy negotiations. But although DOJ under...
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Hundreds of UGI Corp.’s (UGI) AmeriGas retail propane customers in at least 39 states have experienced service delays for weeks to months during some of the coldest periods of the winter season, according to a Capitol Forum investigation. Most complaints follow a pattern: vulnerable...
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UnitedHealth Group (UNH) is now offering its large employer customers options to transition away from paying high fees for Multiplan’s (MPLN) out-of-network claim pricing services, according to a Capitol Forum investigation. One option for employers is to switch to Naviguard,...
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FTC staff is probing whether Microsoft’s (MSFT) proposed $68.7 billion acquisition of Activision Blizzard (ATVI) would allow the combined company to harm competition in video game streaming markets by withholding gaming titles from rivals, sources familiar with the matter said. As...
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Absent Senate Dems stall Bedoya. Sources supporting Alvaro Bedoya, President Joe Biden’s nominee for the FTC’s third Democratic commissioner slot, were expecting movement from Senate Majority Leader Chuck Schumer (D-NY) on the confirmation front last week. But Schumer needed all 50...
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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,...
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DOJ attorneys are probing whether guidelines Apple (AAPL) uses to restrict cloud gaming services and so-called super apps’ access to its App Store could harm competition and cement the company’s mobile dominance, sources familiar with the matter said. The department’s investigation,...
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DOJ’s antitrust division is asking whether a Mastercard-backed debit card used by delivery apps like Grubhub, Instacart, Uber Eats (UBER) and DoorDash (DASH) prevent rival debit networks from competing at checkout, according to sources familiar with the probe. At issue is a debit card...
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Microsoft’s (MSFT) pre-installed Defender antivirus protection is at the center of contrasting European phase I merger review outcomes in the UK, Germany and Spain concerning NortonLifeLock’s (NLOK) proposed $8.1 billion acquisition of rival Avast (AVST). The “built-in” nature...
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Google and Meta face parallel probes by EC and CMA over adtech agreement. In a first since Brexit, the European Commission and the UK’s Competition and Markets Authority on Friday opened parallel investigations into whether Alphabet’s (GOOG) Google and Facebook parent Meta Platforms...
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Change Healthcare (CHNG) plans to sign “in a matter of weeks” a deal to divest a business unit that includes its claims-editing software, eliminating the major horizontal overlap that helped spark DOJ’s suit to block UnitedHealth Group’s proposed $7.8 billion purchase of the...
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Advocates for victims of domestic violence tell The Capitol Forum that they are concerned about the possibility that some victims of domestic violence may unknowingly be exposing sensitive contact information to ZoomInfo’s (ZI) database via the company’s Community Edition service....
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The European Commission is assessing how companies might create cartels using artificial intelligence (AI)—increasingly the foundation of technology and commerce worldwide, The Capitol Forum has learned. Online retailers—think Amazon (AMZN) and eBay (EBAY), for example—as well as...
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Multiplan (MPLN), a company that helps health insurers underpay healthcare provider bills, may have an antitrust issue on its hands, according to experts who reviewed Multiplan practices that came to light during testimony in a recent litigation between a health insurer and emergency...
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Oracle (ORCL) could be the latest company in a long line to test the UK Competition and Markets Authority’s ardor for reviewing mergers in the tech industry. The firm in December said it would buy health technology supplier Cerner Corporation (CERN) for $28.3 billion, but to date the...
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Multiplan (MPLN), a company that provides cost management services for health insurers, touts its prices for out-of-network healthcare services as independent, fair, reasonable, analytics-based, transparent, and defensible. Multiplan and health insurers rely on the independence of...
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Witnesses against poultry executives charged with fixing prices and rigging bids for broiler chickens were coerced into saying what U.S. investigators wanted to hear, and the government’s star witness was a “liar,” defense attorneys told a jury in Denver on Thursday. FBI agents...
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Executives at poultry producers including Tyson Foods (TSN) and Pilgrim’s Pride (PPC) “weren’t competing, they were cheating,” a prosecutor told a jury in Denver on Wednesday, as the U.S. government opened its arguments in a retrial of 10 current and former managers charged with...
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DOJ staff attorneys are probing whether Cargill’s leading position in chicken feed ingredients would allow the company to harm rivals to its proposed $4.5 billion joint venture with Continental Grain to acquire Sanderson Farms (SAFM) by raising their costs or restricting their supply,...
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The European Commission’s decision to pause its in-depth probe into Illumina’s (ILMN) acquisition of cancer detection test maker Grail just days after the buyer submitted formal concessions designed to address competition misgivings indicates the regulator isn’t dead set on blocking...
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Last November, Oak Street Health (OSH), an operator of primary care clinics for Medicare beneficiaries, disclosed to investors that it had received a civil investigative demand from the Department of Justice. While the company has not shared many details about the scope of the...
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Will Bedoya confirmation require nuclear option? President Joe Biden nominated Alvaro Bedoya to fill the FTC’s third Democratic seat on September 13. And although Bedoya—after a long wait—was expected to finally win Senate confirmation this month, Senator Ben Ray Lujan’s (D-NM)...
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Meta Platforms’ (FB) proposed purchase of virtual reality (VR) fitness startup Within is drawing FTC scrutiny over concerns the deal would harm rival VR headset manufacturers and app developers, sources familiar with the matter said. The deal, announced on October 29, would give...
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Konecranes, Cargotec await EC merger decision. The European Commission could conclude its in-depth investigation into a merger between Konecranes (HEL: KCR) and Cargotec (HEL: CGCBV) as early as this week. The EU watchdog will decide on the deal by March 3, but Phase II decisions often...
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Special Note: Coordination Out Loud is a series of articles that analyze select corporate transcripts through the lens of Joseph Harrington’s landmark paper, “Collusion in Plain Sight: Firms’ Use of Public Announcements to Restrain Competition.” The paper concludes that...
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UnitedHealth Group (UNH) is preparing to defend its proposed $7.8 billion Change Healthcare (CHNG) purchase in court as the companies approach the end of their timing agreement with DOJ on Tuesday with no resolution to the department’s antitrust concerns in sight, sources familiar with...
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Public interest, government, and industry groups recently submitted more than 30 amicus briefs to the NLRB in a case called Atlanta Opera that could redefine the distinction between employees and independent contractors, and in turn have significant implications for prominent gig economy,...
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Nvidia terminates Arm merger plan. Nvidia (NVDA) last week abandoned its takeover of British chip designer Arm Holdings following regulatory resistance from competition authorities in Europe and the U.S. Though its review remained at an early stage in China, the State Administration for...
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Privacy advocates and experts interviewed by The Capitol Forum are raising concerns about the data collection practices of ZoomInfo (ZI), an aggregator of business contact data that includes profiles for over 10 million businesses and 125 million business professionals. At issue is...
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InnovAge (INNV), the country’s largest provider of senior healthcare services under the government’s Program for All Inclusive Care for the Elderly, disclosed in its most recent quarterly filing that it received a civil investigative demand from the Department of Justice under the...
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AT&T (T) and Discovery Communications (DISCA) have received letters from DOJ warning the companies that the department is still conducting an antitrust review of their $43 billion plan to merge AT&T’s WarnerMedia unit with Discovery and reserves the right to challenge the...
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The U.S. antitrust agencies formally unveiled their plans to begin rewriting the merger guidelines on January 18—coincidentally, the same day that Microsoft (MSFT) announced its $68.7 billion purchase of video game giant Activision Blizzard (ATVI)—the largest tech transaction of all...
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Oak Street Health (OSH), an operator of primary care clinics for Medicare beneficiaries, appears to encourage physicians to diagnose chronic conditions in their patients even when the diagnosis may not be appropriate, according to internal company documents reviewed by The Capitol Forum...
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The Consumer Financial Protection Bureau is becoming a new threat to for-profit colleges as the regulator signaled last week that it will examine institutional practices around lending money to students and collecting on those loans. For-profit institutions that engage in...
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Microsoft’s (MSFT) proposed $68.7 billion acquisition of video game publishing giant Activision Blizzard (ATVI) is poised to face exacting global antitrust reviews focused on a host of horizontal and vertical questions, Capitol Forum analysis indicates. Of course, even if it raised no...
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Talks between Vodafone Group (LON: VOD) and Iliad about merging their operations in Italy seem audacious given European Commission resistance to deals aimed at shrinking the number of mobile network operators (MNOs) in a country. After all, the commission in 2016 prohibited CK Hutchison...
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Several former medical providers and clinical staff at Oak Street Health (OSH), an operator of primary care clinics for Medicare beneficiaries, tell The Capitol Forum that they felt their clinics were often too understaffed to provide appropriate care for patients. These understaffing...
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Signify Health (SGFY), a vendor to Medicare Advantage plans that provides in-home risk assessment visits for plan members, operates competitive, high-pressure, sales-like call centers where agents are constantly pushed to beat productivity metrics such as conversion rates, appointments...
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Prince International is poised to win Phase I EC approval for its $2.1 billion acquisition of specialty materials manufacturer Ferro Corporation (FOE) after offering remedies sufficient to address the agency’s overlap concerns, The Capitol Forum has learned. Prince on November 3...
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Medtronic (MDT) and Intersect ENT (XENT) have begun shopping Intersect’s sinus navigation system and balloon dilation businesses in an effort to head off FTC competition concerns about their proposed $1.1 billion tie-up, sources familiar with the matter said. The companies are vetting...
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Microsoft’s (MSFT) proposed $19.7 billion acquisition of Nuance Communications (NUAN) is said to face at least two key headwinds at the UK’s Competition and Markets Authority (CMA): the complexity of assessing a high-profile deal involving one of the Big Tech giants and the...
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The Committee on Foreign Investment in the United States (CFIUS) plans to open more investigations this year into transactions that haven’t been filed to the panel, posing a new regulatory roadblock for companies that may underestimate the national security implications of their deals....
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Special Note: Coordination Out Loud is a series of articles that analyze select corporate transcripts through the lens of Joseph Harrington’s landmark paper, “Collusion in Plain Sight: Firms’ Use of Public Announcements to Restrain Competition.” The paper concludes that antitrust...
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The Antitrust Agenda: Joint FTC, DOJ Press Conference on Merger Guidelines Request for Information; Kanter Slate of Hires Expected Soon; Senate Banking Chair Brown, Warren Prod Fed Nominees on Concentration Kanter and Khan Joint Press Conference on Issuing Request for Information to...
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Nvidia defends Arm deal. Nvidia’s (NVDA) response to the UK Competition and Markets Authority’s (CMA) in-depth probe of the company’s planned acquisition of British chip designer Arm Holdings articulates a defense that’s well within the mainstream of European antitrust law. Yet...
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Konecranes (HEL: KCR) and Cargotec (HEL: CGCBV) this week lambasted the Competition and Markets Authority’s (CMA) provisional findings that their proposed merger is anticompetitive, calling the UK antitrust watchdog’s view of the $5.3 billion deal “wrong as a matter of fact and...
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Federal bank regulators are examining whether Blue Ridge Bank (BRBS) discriminated against minorities in its mortgage lending business, in an investigation that could stall or even upend the bank’s proposed merger with FVCBankcorp (FVCB), sources familiar with the probe said. Blue...
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Residential customers of Suburban Propane (SPH) and UGI Corp. (UGI) subsidiary AmeriGas in 15 states described sharply rising propane prices as fall turned to winter, leading to significant duress in some customers’ everyday lives, according to a review of online complaints and...
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Bedoya hearing pushed to January 24. Originally, the Senate Commerce Committee’s re-vote on the nomination of Alvaro Bedoya, President Joe Biden’s choice to fill the FTC’s third Democratic seat, was tentatively set for January 12. But, according to a source, the vote has now been...
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Germany targets Google’s market power. Google faces deeper antitrust scrutiny in Germany following a Bundeskartellamt decision last week that the search engine and its parent, Alphabet (GOOG), meet a threshold for new abuse controls meant to speed up investigations. Remedies imposed on...
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DOJ staff is investigating whether Lumentum’s (LITE) proposed $918 million purchase of optical communications rival NeoPhotonics (NPTN) would eliminate existing or potential competition in markets for transceiver modules and the lasers that power them, industry sources said. Both...
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The average number of days that a used vehicle is spending in the inventory of several online car dealers has increased over the past month, according to a Capitol Forum analysis of those companies’ websites. CarMax (KMX), Vroom (VRM), and DriveTime all saw the average age of their...
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Antitrust advocates hoping the FTC will direct its rulemaking attention to banning exclusionary contracts by dominant firms have received encouraging signals in recent weeks. Most obviously, the FTC in a December 10 statement disclosing its 2022 regulatory priorities said it was...
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A Capitol Forum analysis of student use of Chegg’s (CHGG) question and answer service in 2021 finds that the service enjoyed robust growth during the first half of the year. However, as schools returned to in-person learning and schools became more aware of the platform’s ability to...
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The Colorado Department of Healthcare Policy and Financing informed InnovAge (INNV), the country’s largest provider of senior healthcare services under the government’s Program for All Inclusive Care for the Elderly, that it was halting new enrollments of Medicaid beneficiaries into...
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Pest control giant Terminix’s (TMX) statements in its 2018 and 2019 annual reports foreshadow what could be the key sticking point in the U.S. government’s antitrust review of the company’s proposed $6.7 billion acquisition by rival Rentokil Initial (RTO:LN). “Competition in...
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China’s antitrust agency, under pressure from a government anti-corruption watchdog, is double-checking senior staff’s work and more generally increasing supervision of its workforce, which could lead to delays in merger and conduct reviews, attorneys said. On Tuesday, the chief...
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Earlier today, the Centers for Medicare and Medicaid Services notified InnovAge (INNV), the largest provider of healthcare services under the government’s Program for All Inclusive Care for the Elderly, that, effective December 23, 2021, “CMS is suspending InnovAge CO’s enrollment...
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Federal officials concerned that the cryptocurrency industry needs urgent oversight are developing plans to let banking regulators use their existing powers to examine crypto companies when they partner with traditional banks, according to financial and regulatory sources familiar with...
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Tim Wu, a special assistant to the president for competition policy, at a recent town hall discussion organized by American Economic Liberties Project identified distribution and vertical integration in alcohol markets as problems that he hoped that an upcoming study and rulemaking from...
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Former doctors, nurses, medical assistants, and medical coders at Oak Street Health (OSH), a provider of primary care for Medicare Advantage beneficiaries, tell The Capitol Forum that the company often pressured them to diagnose patients with certain medical conditions despite lacking...
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FTC staff is analyzing five years of job postings data from the Camden, Arkansas area indicating that Lockheed Martin’s (LMT) proposed $4.4 billion Aerojet Rocketdyne (AJRD) takeover could harm competition in the city’s labor market for engineers, sources familiar with the matter...
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Facebook parent Meta Platforms (FB) is refusing to guarantee that its advertising algorithms comply with U.S. rules on fair lending, leaving banks and other financial service providers worried that the social media giant could expose them to fines and hits to their reputations, executives...
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Advanced Micro Devices’ (AMD) proposed $35 billion Xilinx (XLNX) buyout and GlobalWafers’ (TPEX:6488) planned $5.3 billion Siltronic purchase (FRA:WAF) have attained a significance beyond the semiconductor industry as their antitrust reviews in China serve as signposts indicating...
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Advanced Micro Devices’ (AMD) proposed $35 billion Xilinx (XLNX) buyout and GlobalWafers’ (TPEX:6488) planned $5.3 billion Siltronic purchase (FRA:WAF) have attained a significance beyond the semiconductor industry as their antitrust reviews in China serve as signposts indicating...
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Uber (UBER) and Lyft (LYFT) deploy a number of incentive programs to attract drivers. The companies call them bonuses, but some legal experts see the programs as a potential violation of antitrust law. The programs are designed to incentivize drivers to work exclusively for one app during...
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Meeting of G7 competition authorities starts with a bang. Before the heads of the G7 competition authorities kicked off their summit today in London to discuss ways to coordinate their approach to digital markets, the Financial Times broke the news that the CMA is set to prohibit...
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Cartel fines. Companies in breach of EU cartel rules have racked up fines totalling almost 1.4 billion euros ($1.58 billion) so far in 2021, according to updated statistics released last week by the European Commission. That compares to fines amounting to less than 300 million euros ($338...
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Signify Health (SGFY)—a provider of in-home evaluations for individuals covered by Medicare Advantage, Managed Medicaid, and some Affordable Care Act health plans—emphasizes the increased quality of care its in-home evaluations help bring about. The company claims it helps individuals...
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Earlier this month, Oak Street Health (OSH), a provider of primary health care services for Medicare Advantage participants, disclosed that it had received a civil investigative demand from the Department of Justice. The DOJ requested documents “related to the Company’s relationships...
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President Joe Biden’s July 9 executive order on promoting competition took the alcohol industry by surprise when it singled out beer, wine and spirits as a candidate for new rulemakings, industry sources said. The order calls for the Secretary for Treasury, “in consultation with...
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When Signify Health, Inc. (SGFY) schedules health plan members for a peripheral artery disease (PAD) screening test during an in-home health evaluation, clinicians are required to perform the test for patients who are covered by certain health plans even if they determine it is not...
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Advanced Micro Devices’ (AMD) bid for rival chipmaker Xilinx (XLNX) received a boost recently when China’s primary tech regulator and some of the companies’ major corporate customers in the country signaled their support for the proposed $35 billion merger, sources familiar with the...
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InnovAge (INNV), the country’s largest provider of senior health services under the government Program for All Inclusive Care for the Elderly (PACE), has been under audit by Centers for Medicare and Medicaid Services as well as state agencies in both California and Colorado for the last...
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Some patients, clinicians, and two former call center employees say some telemarketers for Signify Health Inc (SGFY), a provider of in-home health evaluations (IHEs), engage in aggressive—and, in some cases, misleading—practices to book home visits for seniors enrolled in Medicare...
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After expressing concern that UnitedHealth Group (UNH) through its proposed $7.8 billion acquisition of Change Healthcare (CHNG) could unfairly gain access to health insurance rivals’ sought-after claims information, DOJ staff attorneys are posing a surprising question: How special is...
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On Friday, the California Public Utilities Commission (CPUC) preliminarily denied a Bloom Energy (BE) proposal to create a microgrid capacity services tariff to provide electricity to the grid during outages. Under its proposal previously reported on by The Capitol Forum, Bloom requested...
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EQT Corp. (EQT), the nation’s largest natural gas producer, owns a higher proportion and count of non-producing wells in the Appalachian Basin than its publicly traded peers, according to a Capitol Forum investigation. Of EQT’s more than 3,600 inactive wells that must be either...
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The FTC and state attorneys general have expressed significant concerns to Great American Outdoors Group and Sportsman’s Warehouse (SPWH) representatives that the retailers’ proposed $785 million merger would harm competition in multiple states, sources familiar with the matter said....
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Special Note: Coordination Out Loud is a series of articles that analyze select corporate transcripts through the lens of Joseph Harrington’s landmark paper, “Collusion in Plain Sight: Firms’ Use of Public Announcements to Restrain Competition.” The paper concludes that antitrust...
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Fuel cell manufacturer Bloom Energy (BE) faces a phase out of incentives it currently receives under The Republic of Korea’s Renewable Portfolio Standard (RPS) for its natural gas-powered fuel cells as the country moves towards a Hydrogen Portfolio Standard (HPS), sources familiar with...
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A $4.5 billion bid from Qualcomm (QCOM) and investment firm SSW Partners to acquire Swedish auto tech company Veoneer (VNE) raises a host of jurisdictional and substantive issues that together create timing and outcome questions around the deal, industry sources said. SSW Partners through...
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European Commission and UK Competition and Markets Authority case handlers are grappling with parallel merger investigations into S&P Global’s (SPGI) acquisition of fellow financial data provider IHS Markit (INFO), Nvidia’s (NVDA) purchase of British chip designer Arm Holdings and...
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Online food ordering and food delivery platform DoorDash (DASH) advertises jobs on Facebook, Google and other third-party platforms, telling prospective DoorDash drivers that they can earn “up to” between $22 to $33 an hour, according to job postings The Capitol Forum reviewed. The...
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U.S. regulators are likely to rebuff the kinds of fintech bank charters that the Trump administration had embraced meaning new online lenders must find another way to get a toehold in the traditional lending market, according to industry and regulatory sources familiar with the...
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Earlier today, the Federal Trade Commission announced that it was resurrecting its Penalty Offense Authority under Section 5 of the FTC Act to put for-profit higher education institutions on notice that the agency would “hit violators with significant financial penalties” of up to...
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A U.S. bank regulator plans to reject a bank charter application from Monzo, an online UK-based lender, according to sources with direct knowledge of the matter. The decision by the Office of the Comptroller of the Currency (OCC) is confidential and isn’t expected to be disclosed for...
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In a unanimous decision last month, a federal advisory panel voted to recommend that the Centers for Medicare and Medicaid Studies (CMS) raise the reimbursement rate that ambulatory surgical centers would receive for surgeries that insert stents into the eye of glaucoma patients to drain...
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Months after announcing an agreement in principle, the Massachusetts Attorney General and Credit Acceptance Corporation (CACC) settled the Attorney General’s lawsuit regarding the company’s business practices in Massachusetts. The company has agreed to pay $27.2 million to an...
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S&P Global (SPGI) and IHS Markit (INFO) don’t anticipate offering remedies beyond the divestiture of businesses they’ve already proposed selling to News Corp. (NWSA) to secure competition approvals for their $44 billion transaction, The Capitol Forum has learned. The companies...
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Ahead of last year’s federal benefits open enrollment, Blue Cross Blue Shield Federal Employee Program (BCBS FEP) the largest provider of benefits to federal employees, added clarifying language to its policy brochure to reiterate that it does not cover over-the-counter hearing aids. A...
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This article has been updated to include a comment from CMS and to clarify the commenting period for each proposal. When the Centers for Medicare and Medicaid released its proposed 2022 reimbursement rates for medical procedures, ophthalmologists around the country were surprised to find...
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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...
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China’s two biggest e-commerce websites have agreed to settle a closely watched lawsuit in which JD.com (JD) accused Alibaba Group Holding (BABA) of engaging in monopolistic behavior and abusing its market dominance, sources familiar with the matter said. A settlement in the “great...
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DOJ staff is leaning toward recommending that department leadership clear S&P Global’s (SPGI) $44 billion bid for IHS Markit (INFO) now that the financial data service companies have lined up News Corp. (NWSA) as the divestiture buyer for IHS Markit’s energy pricing service,...
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DOJ’s antitrust division is probing whether Visa (V) is pushing anti-fraud tools that help the company maintain its dominance in the online debit marketplace, sources familiar with the investigation said. Online shopping fraud has steadily climbed in recent years with losses on debit...
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On an internal staff call earlier today, InnovAge (INNV) management notified doctors and nurses of at least a dozen areas of improvement in its Colorado operations, citing issues found in the Centers for Medicare and Medicaid audit of the company’s Colorado operations. InnovAge, which...
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Several for-profit higher education companies that have closed schools in the past decade could face higher closed school discharge obligations after Education Secretary Miguel Cardona exercised his authority to extend the closed school discharge period for former ITT Technical Institute...
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On May 27, 2020, the Food and Drug Administration wrote to Penumbra (PEN) that it was “evaluating a potential post-market safety concern associated with use of the Penumbra JET 7 and 7X Reperfusion Catheters,” which are used to clear blood clots in the brains of stroke patients....
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Amazon (AMZN), Walmart (WMT) and other megaretailers could face renewed antitrust scrutiny and lawsuits under quiet moves by the Biden administration to resuscitate a Depression-era law meant to prevent large corporate buyers from purchasing goods at cheaper prices than smaller rivals...
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Emails between the Food and Drug Administration and Penumbra (PEN) last year show that the government had concerns regarding how the company was informing doctors of the risks related to the use of its Jet 7 Xtra Flex catheter, which at that point had been involved in the death of at...
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On May 11, 2021, the Department of Education informed Perdoceo Education Corporation (PRDO) CEO Todd Nelson that it had several thousand borrower defense applications against the company’s schools alleging “misrepresentations concerning transferability of credits, accreditation, job...
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Genetic testing company Natera (NTRA) allows expecting parents to pay a “prompt payment discount” for its Panorama prenatal test, often discounting the price from $795 or more to $249 if the customers pay within 30 days of receiving the bill. That roughly 70% discount, however, likely...
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Eargo (EAR), a manufacturer of completely-in-canal (CIC) hearing aids, promises customers a 45-day risk-free trial period as well as offering up to 0% interest financing for its hearing aids. A Capitol Forum investigation, however, finds that the company regularly fails to honor the trial...
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In four of the nine East Coast states in which Bloom Energy (BE) operates, the company faces hurdles to participate in state-funded incentive programs designed to encourage renewable energy development, as states favor greener alternatives and have established other parameters that Bloom...
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DOJ is poised to clear Salesforce’s (CRM) proposed $27.7 billion acquisition of Slack (WORK) by the end of this month, sources familiar with the matter said. After an in-depth review in which the department demanded extensive business records from the merging parties and sent to...
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The European Commission recently launched two in-depth probes into mergers involving the proposed combination of direct competitors, ticking the most common box for heightened regulatory scrutiny in Brussels. But in the months ahead, a vertical deal is set to join those proposed tie-ups...
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The office of Federal Student Aid (FSA) at the Department of Education recently shifted resources to focus on borrower defense to repayment claims made against open institutions, according to a spokesperson for the Department. The borrower defense applications have been submitted by...
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Recently, Taboola (TBLA) said in an SEC filing that the company and the ad-tech industry were the subject of a DOJ criminal labor antitrust investigation. On Tuesday, Outbrain—Taboola’s closest rival, which is planning to go public—said in an SEC filing the department’s antitrust...
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The Department of Education is adjudicating borrower defense to repayment claims submitted by former students of Zovio Inc (ZVO), Strategic Education Inc (STRA), and Lincoln Educational Services Corp (LINC). Individuals whose borrower defense applications are approved will be granted...
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DOJ’s suit to block Aon’s (AON) purchase of rival insurance broking giant Willis Towers Watson (WLTW) won a potentially sympathetic ear last week when D.C. District Court Judge Reggie Walton was assigned to oversee the case against the $30 billion merger, attorneys familiar with the...
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This article has been updated to include the companies and DOJ’s arguments supporting their positions. DOJ staff informed Aon (AON) and Willis Towers Watson (WLTW) representatives at a meeting last week that the companies’ remedy offer doesn’t sufficiently address the...
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Aon (AON) has expanded a prominent trial lawyer’s role in engaging with DOJ on its proposed $30 billion Willis Tower Watson (WLTW) buyout, indicating the insurance brokerage is preparing for litigation even as it participates in settlement talks with the department, sources familiar...
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Regulators will conduct a focused audit of InnovAge’s (INNV) programs in Colorado later this month, according to a source familiar with the matter, with auditors investigating the quality and timeliness of care that InnovAge provides. The new audit comes after regulators in California...
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The UK’s competition watchdog last week intensified scrutiny of Facebook’s (FB) dominance in digital advertising, further complicating the authority’s ongoing review of the social network giant’s completed acquisition of Giphy. The Competition and Market Authority antitrust...
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China’s antitrust authority is close to wrapping up the initial phase of its probe into online food-delivery giant Meituan (3690: HK), sources familiar with the matter said. The State Administration for Market Regulation (SAMR) on April 26 launched its investigation into the Hong...
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Aon (AON) has proposed to DOJ staff an offer to divest two pieces of its health benefits business to address the department’s antitrust concerns with the insurance brokerage’s planned $30 billion buyout of rival Willis Towers Watson (WLTW), sources familiar with the matter said. But...
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Aon (AON) in a statement today said it would divest for $1.4 billion its U.S. retirement consulting and retiree health exchange businesses to two separate buyers, responding to DOJ antitrust concerns about the insurance brokerage’s proposed $30 billion buyout of rival Willis Towers...
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Aon (AON) has proposed to DOJ staff an offer to divest two pieces of its health benefits business to address the department’s antitrust concerns with the insurance brokerage’s planned $30 billion buyout of rival Willis Towers Watson (WLTW), sources familiar with the matter said. But...
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As DOJ’s review of Aon’s (AON) proposed Willis Towers Watson (WLTW) buyout enters its late stages, the department is pursuing a dual-track strategy, engaging in settlement talks with the insurance brokerages while stepping up trial preparations in case it decides to challenge the $30...
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Yesterday, Colorado state regulators in coordination with the Centers for Medicare and Medicaid Services initiated a surprise audit of InnovAge (INNV) facilities in the state. InnovAge’s facility in Sacramento, California also received a surprise visit by regulators. InnovAge is the...
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Yesterday, the Commonwealth of Massachusetts and Credit Acceptance Corporation (CACC) entered into a stipulation granting the company until June 3 to file and serve an answer to the Massachusetts Attorney General’s complaint marking the fifth extension granted to the company. It is...
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A bill in the Tennessee legislature that would establish a program to identify uninsured motor vehicles will not be reintroduced until the 2022 legislative session, dealing a blow to Rekor Systems (REKR), which hopes to contract with the state for the new program. The bill is currently...
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Opponents of Aon’s (AON) proposed Willis Towers Watson (WLTW) acquisition and other industry participants are divided over whether the insurance brokerages’ divestiture plan would address enforcers’ antitrust concerns with the $30 billion deal, sources familiar with the matter said....
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Six current and recent employees of InnovAge (INNV), the country’s largest provider of senior healthcare under the government’s Program for All-Inclusive Care for the Elderly (PACE), tell The Capitol Forum that the company is enrolling patients into its program at a rate that far...
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The European Commission is set to approve remedies proposed by Aon (AON) to secure regulatory approval for the company’s $30 billion acquisition of rival Willis Towers Watson (WLTW), The Capitol Forum has learned. EU competition chief Margrethe Vestager is said to be on board with the...
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A bill to establish a traffic camera program to track uninsured motorists in Texas will likely not make it out of committee in the state legislature before an important May 10 deadline, according to a political activist familiar with Texas legislative issues. A similar piece of...
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On April 29, Credit Acceptance Corporation (CACC) said that it had reached an agreement in principle to settle its pending litigation with Massachusetts and as a result it recognized a contingent loss of $27.2 million in Q1 2021. Some observers have interpreted Credit Acceptance’s...
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In Pennsylvania, Diversified Gas and Oil (LON: DGOC) brought 482 non-producing wells online in 2019, 268 of which reported exactly the threshold level of production that exempts the company from a tighter retirement schedule—100 thousand cubic feet (mcf) of natural gas—pursuant to its...
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Earlier this morning, Medicare Administrative Contractor Novitas released an update to its 2021 fee schedule, increasing the rate for electrocardiographic monitoring (ECG) and analysis by roughly 250% and making the new prices retroactive to January 1. The new rate, however, is still...
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Genetic testing company Natera, Inc (NTRA) is under investigation by the Georgia Department of Community Health for potentially overbilling the state’s Medicaid program, according to a source familiar with the matter. The opening of the investigation comes after a Capitol Forum report...
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German medical device maker Siemens Healthineers (ETR: SHL) is close to securing approval from China’s antitrust authority for its proposed $16.4 billion acquisition of U.S. radiation oncology giant Varian Medical Systems (VAR), sources familiar with the matter said. Approval from the...
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As InnovAge (INNV), the country’s largest for-profit provider of senior day care and health services under the Medicare and Medicaid PACE program, seeks to expand nationally, former employees, regulators, and families of patients are raising concerns about the company’s business...
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As part of its ongoing investigation into Credit Acceptance Corporation (CACC), the New York Attorney General notified the company in November that it is considering bringing claims under the New York Martin Act in connection with the company’s origination and securitization practices,...
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Salesforce (CRM) is said to remain confident of avoiding a UK Competition and Markets Authority probe into its planned $27.7 billion acquisition of messaging platform Slack (WORK) despite the U.S. DOJ’s recent decision to open an in-depth, second request review into the transaction. The...
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Salesforce (CRM) is said to remain confident of avoiding a UK Competition and Markets Authority probe into its planned $27.7 billion acquisition of messaging platform Slack (WORK) despite the U.S. DOJ’s recent decision to open an in-depth, second request review into the transaction. The...
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With current FTC Commissioner Rohit Chopra set to take over as director of the CFPB, subprime auto finance market stakeholders including Credit Acceptance Corporation (CACC), consumer advocates, and even investors in subprime auto asset backed securities will be following three CFPB...
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Over the course of two years, genetic testing company Natera (NTRA) billed Georgia’s state Medicaid program more than 6,700 times for one expensive and complex test for rare genetic disorders, receiving over $4.2 million dollars from the state and its managed care organizations. A...
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Several upcoming federal reports and investigations into aerospace parts supplier TransDigm (TDG) as well as investigations into government contracting practices more broadly could increase focus on the company as Congress sits down to negotiate the FY 2022 National Defense Authorization...
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The Kentucky Attorney General is currently investigating Natera’s (NTRA) billing practices with the state’s Medicaid program, according to that office’s response to a records request and a source familiar with the matter. The Capitol Forum had requested any documents related to...
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The Center for Medicare and Medicaid Studies has declined to approve a new, higher reimbursement rate for electrocardiographic monitoring, according to the 2021 Physician Fee Schedule published today. Instead, CMS is retaining the de facto pricing for ECG monitoring negotiated between...
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The Center for Medicare and Medicaid Services (CMS) will likely not publish the final Physician Fee Schedule until December 1 or 2, according to a source familiar with CMS processes. The agency is currently reviewing its proposed Physician Fee Schedule for 2021, which sets reimbursement...
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Data submitted to the FDA’s device malfunction database, known as MAUDE, over the past three months indicates that Penumbra’s (PEN) Jet 7 catheter continues to break under routine use, even after the company’s July 27 letter to physicians. Penumbra’s July 27 letter warned...
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Data submitted to the FDA’s device malfunction database, known as MAUDE, over the past three months indicates that Penumbra’s (PEN) Jet 7 catheter continues to break under routine use, even after the company’s July 27 letter to physicians. Penumbra’s July 27 letter warned...
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On August 4, the Centers for Medicare and Medicaid Services released its annual update to the Physician Fee Schedule (PFS), which establishes reimbursement rates for services covered under the federal health plans. The proposed 2021 rates include new Category I reimbursement codes for...
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Yesterday, three doctors in Singapore published an article in the American Journal of Neuroradiology detailing two device malfunctions involving Penumbra’s (PEN) Jet 7 catheter titled “Can a Stent Retriever Damage the JET 7 Reperfusion Catheter?” The Capitol Forum has previously...
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In response to an increase in injuries and deaths involving Penumbra’s (PEN) Jet 7 XTRA FLEX catheter, the company sent a letter to doctors cautioning them against injecting contrast media, used to map the arteries of the brain during blood clot removal procedures, through the catheter....
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Ahead of the 2019 annual enrollment period, Total Insurance Brokers (TIB) employed various strategies to manipulate test scores to ensure that its brokers obtained a passing score on the America’s Health Insurance Plans (AHIP) Medicare examination, according to a Capitol Forum...
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The Federal Trade Commission is set to vote to accept a consent order clearing the way for AbbVie (ABBV) to close its $63 billion acquisition of biopharma giant Allergan (AGN), sources familiar with the matter said. The final commission vote is expected within the next few days, the...
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An FTC settlement package that would clear the way for AbbVie (ABBV) to close its $63 billion acquisition of biopharma giant Allergan (AGN) has won a positive recommendation from Bureau of Competition Director Ian Conner and is now at the commission level awaiting a vote, sources familiar...
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A coalition of consumer groups and unions today wrote Federal Trade Commission Chairman Joe Simons requesting that the commission secure additional behavioral relief before voting out a consent order clearing AbbVie’s (ABBV) $63 billion acquisition of biopharma giant Allergan (AGN). In...
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FTC commissioners today plan to vote on whether to sue to block Illumina’s (ILMN) proposed $1.2 billion acquisition of Pacific Biosciences (PACB), a source familiar with the matter said. The companies’ representatives met last week with individual commissioners to make their case but...
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FTC commissioners have no more questions for Roche (SWX: ROG) or Spark Therapeutics (ONCE) regarding their proposed $4.3 billion tie-up as anticipation builds about the agency’s pending decision, sources familiar with the matter said. Typically, the lack of commissioner questions...
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The FTC is preparing to sue next month in its administrative court to block Illumina’s (lLMN) proposed $1.2 billion acquisition of Pacific Biosciences (PACB), sources familiar with the matter said. For some time agency staff has been building a case, deposing third parties and lining up...
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FTC commissioners are set to vote as soon as this week on Roche’s (SWX: ROG) proposed $4.3 billion Spark Therapeutics (ONCE) acquisition, sources familiar with the matter said. The vote would occur several weeks after agency staff recommended the commission clear the deal...
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FTC staff reviewing Roche’s (SWX: ROG) proposed Spark Therapeutics (ONCE) acquisition have recommended the $4.3 billion deal be cleared unconditionally, sources familiar with the matter said. The staff reached the conclusion after an in-depth investigation that included issuing civil...
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As the FTC’s review of Illumina’s (ILMN) proposed $1.2 billion Pacific Biosciences (PACB) acquisition enters its late stages, agency staff has deposed third parties and lined up potential witnesses for trial, indicating the gene-sequencing firms haven’t convinced staff that their...
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The UK Competition and Markets Authority’s (CMA) June move to start an inquiry into Roche’s (SWX: ROG) $4.3 billion acquisition of Spark (ONCE) not only creates a new competition hurdle to the deal’s close, but could also bolster the U.S. FTC’s ability to take a tough line on...
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The Department of Defense Office of Inspector General’s new audit of TransDigm (TDG) could find that the company earned excessive profits and uncover contracting practices that have previously drawn scrutiny and the ire of both members of Congress and the Department of Defense,...
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In conditionally clearing Bayer’s $66 billion acquisition of agrochemical rival Monsanto, DOJ endorsed a settlement that deviates somewhat from its commitment to accept only straightforward and self-executing structural remedies. But in addressing the proposed deal, antitrust division...
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The Defense Department is leaning toward recommending Northrop Grumman’s proposed Orbital ATK acquisition be conditionally cleared by the Federal Trade Commission, sources familiar with the matter said. FTC staff is nearing the end of its antitrust review of the two defense...
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Company Update Tenants who lease houses from Invitation Homes, a leader in the single-family rental industry, are deceptively put into dwellings with maintenance issues, code violations and life-threatening safety risks, according to interviews with twenty current and former tenants and...
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The European Commission (EC) is on track to conditionally clear the proposed Bayer/Monsanto merger on March 21, according to sources familiar with the matter. The date is sooner than many expected because the EC has until April 5 to decide. But European antitrust enforcers, in...
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Industry Update Second Class Petty Officer Jonathan Stacy had always thought of himself as capable of handling whatever the U.S. Navy threw at him. Then he met his match: American Homes 4 Rent, the Agoura Hills, California-based real estate investment trust that leases single family homes...
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Company Update In our continuing investigation into whether Health Insurance Innovations (HII) sales representatives have misled potential customers, The Capitol Forum placed a series of calls over the past two weeks to numbers associated with HII-contracted insurance producers. In...
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Bayer, BASF and DOJ staff are nearing the final stages of negotiating an agreement to ensure BASF will emerge as a strong No. 4 competitor in U.S. seeds and crop protection if the department clears the Bayer/Monsanto merger, sources familiar with the matter said. The staff plans to...
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Third-Party Update Health Insurance Innovations (HII) sells about 70 percent of the policies it administers through a network of independent call centers, CEO Gavin Southwell in an interview we conducted late last year. The policies, which HII administers, are underwritten by insurance...
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DOJ staff reviewing Bayer’s bid for Monsanto are contacting agricultural industry players in search of farmers to testify or give statements about how the seed sector’s lack of competition has harmed their businesses, according to sources familiar with the matter. The Department...
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Company Update Health Insurance Innovations (HII) is a third-party administrator (TPA) that functions as a middleman between health insurers and customers looking for affordable health insurance plans. The short-term medical policies, ancillary insurance, and health benefit plans HII...
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On May 19th, Senator Elizabeth Warren wrote a letter to Glenn Fine, the Acting Inspector General of the Department of Defense, requesting that Mr. Fine “expeditiously open an investigation into TransDigm if you have not already done so.” Senator Warren’s letter also states that as a...
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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...
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