With the internet’s proliferation and widespread adoption in the 1990s, very few could foresee the dominant force that Google would become. Google launched in 1998 among a crowded market of internet search engines, such as Excite, Yahoo, and Lycos. (Charles Rose, SEO Mechanic). Over the following twenty-six years, Google grew_ into one of the most preeminent U.S. companies, controlling approximately 90% of the global internet search engine market. (Statcounter). Google’s dominance in various markets has attracted the ire of state and federal governments, lawmakers, and regulators, leading them to pursue antitrust actions against Google. (U.S. Senate Judiciary Committee; Office of Public Affairs: DOJ). One of these actions recently came to a head on August 3, 2024, when the District Court for the District of Columbia (“Court”) ruled that Google illegally operated a monopoly in search engine services and text advertising. (Rohan Goswami et al., CNBC). The impact on Google and other stakeholders remains uncertain, but it has the potential to re-shape the streams of revenue for Google and other technology companies, as well as influence how consumers use technology. Regardless of the political environment, the government and regulators are likely to press ahead with efforts to curb the anti-competitive behavior of technology companies that has grown over the years. The following centers on the Court’s examination of the three principal issues and explores potential implications for Google, consumers and other technology companies.
Read MoreThe most watched show of the season might be the drawn-out roller coaster of negotiations between Paramount and Skydance. The two entities entered into negotiations to merge in April 2024. (Benjamin Mullin et al., New York Times). However, the parties have run into roadblocks, including shareholder interest issues and other prospective buyers. Id. On June 11, 2024, Paramount’s majority shareholder rejected a previous deal (the “June 2024 Deal”), but by July 3, the parties renewed efforts to make the relationship work. Id. This post reviews the current situation Paramount finds itself in, its desperate attempts at corporate marriage, why previous negotiations have fallen flat, and what the newest rendition of a deal includes.
Read MoreThis might sound like a familiar story: you start work at a new company and have to sign a seemingly endless mountain of forms and employment agreements during onboarding. One of the agreements that you might have signed is a non-compete agreement, which prevents employees from working for a competing employer or starting a competing business, typically within a certain geographic area and period of time” following the end of their employment. (FTC). In January 2023, the Federal Trade Commission (“FTC”) proposed a new Rule that would ban all non-competes. Id. Naturally, businesses, such as those affiliated with the Chamber of Commerce, were not the most enthusiastic about the Rule, leading them to challenge the Rule in federal court in the case Ryan LLC v. Fed. Trade Comm'n, No. 3:24-CV-00986-E, 2024 WL 3297524 (N.D. Tex. July 3, 2024). The court ruled that the FTC cannot enforce the ban on non-competes. Id. at 11. This post will cover the reasons why the FTC implemented the Rule, the pros and cons of the Rule, the court’s reasoning for halting the Rule, and the implications of the court’s decision.
Read MoreThe U.S. Food & Drug Administration (“FDA”) is looking to elbow its way into the medical testing business by mandating stricter regulations that would slow the process of bringing lab-developed tests (“LDTs”) to market. LDTs are common medical diagnostic tests that have led to both diagnostic advances and setbacks that affect the everyday consumer. (FDA News Release, U.S. Food and Drug Administration). The FDA’s regulation was previously opened for a 60-day comment period and was met with vigorous discussion. Regardless, the FDA moved forward with the regulations on April 29, 2024, and has been met with legal push back and Congressional commentary that could threaten the future of the proposed rule. (Chair Rogers, U.S. House Energy and Commerce Committee). This post examines the current structure of LDT regulations, their marketability, and how this regulation change will affect small startups and patient experiences.
Read MoreBenjamin Franklin once said, "Nothing is certain except death and taxes." (Benjamin Franklin, Letter to Jean-Baptiste Le Roy). In a recent United States Supreme Court (“SCOTUS”) decision, the tax portion is more certain than ever. (Richard Rubin, Wall Street Journal). On June 20, 2024, SCOTUS rejected a challenge to a 2017 tax law (“Tax Law”) on certain foreign investments. (Moore v. United States, 144 S. Ct. 1680, 1697 (2024)). The decision keeps the foreign investment tax intact, while avoiding addressing a 16th Amendment interpretation. (Richard Rubin, Wall Street Journal). This article explores the case's background, the Court's reasoning, and how this decision will ultimately discourage individuals from investing in foreign companies
Read MoreThe Department of Justice (“DOJ”) recently filed a lawsuit against RealPage Inc. (“RealPage”), a real estate software company, alleging that the company’s algorithmic pricing software violated antitrust laws. (Press Release, U.S. Department of Justice). The DOJ brought the lawsuit under the Sherman Antitrust Act, the “first Federal act that outlawed monopolistic business practices” and prohibited activities restricting competition in the marketplace. (Sherman Antitrust Act, National Archives). Attorney General Merrick Garland stated, “[l[andlords colluding through mathematical algorithms may be new, but it violates the same bedrock principle of a free market fostering competition.” (Jennifer Ludden, NPR). This post explores RealPage’s background, discusses the DOJ’s and RealPage’s arguments for and against the suit, and examines the possible implications for algorithm-driven businesses.
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