Over the past year, Big Pharma proved what the industry can achieve when it works together. Major pharmaceutical companies have set aside their differences to produce the Covid-19 vaccine. Instead of competing over disease treatments and high dollar medications, pharma players turned from foe to friends during the pandemic. Up and down the supply chain, big names in the pharma industry are teaming up to meet Covid-19 vaccine production demands. (Lopez, Bloomberg).

Venture capital hubs are historically based in cities such as San Francisco and New York and have a predilection for supporting Democratic candidates. (Thorne, Pitchbook). The most recent election proved to be no exception, venture capital contributions to the democratic party were even higher than they were in the 2016 election. (Center for Responsive Politics). The industry’s support for the democratic party grew in the most recent election due to Biden’s favorable policy proposals and industry grievances with the Trump administration. (Thorne, Pitchbook).

When companies exert too much power over the marketplace, governments will step in to ensure fairness to consumers. This has happened to utilities, telecommunications, and now it may happen with social media companies.

On August 22, 2012, the Federal Trade Commission (“FTC”) announced that it had “closed its investigation of Facebook’s proposed acquisition of Instagram, [and that] the deal may proceed as proposed.” (Federal Trade Commission). Now, the FTC is second-guessing its blessing of Facebook’s major acquisitions, Instagram and WhatsApp, and is gearing up to file an antitrust lawsuit against Facebook. (Kendall et. al., Wall Street Journal). Facebook’s previously unchecked acquisition practices have sparked inquiry into whether Facebook is purchasing startups to keep them from competing with the company. Id. Facebook has acquired an astounding amount of businesses, roughly 90 companies over the past 15 years. Id. If the FTC concludes that the company is engaging in practices that reduce competition, Facebook could face severe repercussions, ranging from required divestitures to reduced ability to fully integrate its acquisitions. (Jamshed & Akins, S&P Global Market Intelligence).

The clock is ticking for ByteDance, Inc. (“ByteDance”), parent company of TikTok, the popular Chinese video app, as it continues to pursue a meaningful asset sale of its subsidiary in the midst of a global tug of war between the United States (“U.S.”) and China. (Lin, Wall Street Journal). With President Trump’s recent Executive Order requiring the potential Tik Tok deal to close by November 12th and China’s new export law restricting sales of artificial intelligence, ByteDance is facing an uphill battle to negotiate a cross-border, multi-billion dollar transaction.

Tensions between the United States (“U.S.”) and China have been flaring up, and the COVID-19 pandemic has only made things worse. Now, Luckin Coffee, a Chinese owned entity traded on a U.S. exchange (NASDAQ:LK), added fuel to the fire with the recent discovery that senior executives fabricated as much as 2.2 billion yuan (approximately $310 million) in sales last year. (Fox, Business Insider). Such misrepresentation deceives investors and raises doubt around the adequacy of existing market regulation, supporting the argument for more stringent oversight. The Senate, Securities and Exchange Commission (“SEC”), and Nasdaq are in support of rule changes to restore faith in the marketplace and protect investors. The question remains: will the rule proposals provide greater investor protection or chill the free market?