10 months ago
After three years of pushing hard against some of the world’s largest companies, the Biden administration is set to accelerate several of its biggest antitrust fights in 2024 with an intense lineup of lawsuits and investigations.
The results will help shape President Joe Biden's reelection pitch to American voters — and change the government’s relationship with Big Business, possibly for years. The high-profile investigations could lead to lawsuits next year that could change the way people buy groceries and concert tickets, rent apartments and go to the doctor.
A look at the potential 2024 calendar shows the sweep and ambition of what Biden's top lieutenants have been up to when challenging corporate giants — chiefly Lina Khan at the Federal Trade Commission and Jonathan Kanter at the Department of Justice.
“I think we’re going to see more new actions in terms of investigations and litigation than any prior year during the administration,” said Ryan Sandrock, an antitrust lawyer at Shook, Hardy and Bacon, and a former DOJ staff attorney. “The volume of antitrust activity is higher than at any point since I started practicing in 2003.”
Spokespeople for the DOJ and FTC declined to comment.
With Democrats potentially a year away from losing the White House, the clock is ticking on the myriad potential cases left in the hopper. Here’s a look at some of what could come in 2024.
At the Justice Department:
Live Nation: The concert-promotion giant and parent company of Ticketmaster has been under scrutiny since the two companies merged in 2010. The current DOJ probe of the company’s dominant role in the live music industry began in earnest last summer and is a top priority for the department to wrap up in the new year.
Apple: This investigation into the iPhone-maker dates back to the Trump administration, and a lawsuit has been in the works since last year. At issue is whether the company’s iron-clad control of its mobile operating system, including the app store, harms developers and customers who use the platform by raising prices.
RealPage: While not a household name, major residential landlords around the country rely on the company’s software to set prices for apartment listings. The District of Columbia Attorney General’s Office recently accused RealPage of conspiring with landlords and property managers to fix prices, and the company is a defendant in multiple similar class actions. The Justice Department has its own investigation, which could conclude next year.
Visa: The credit card giant has been under a DOJ investigation for the last several years over whether the company illegally muscles out competing payment processing networks. A lawsuit could reshape the payments industry. In 2010, it settled an antitrust probe with the department over limits on merchants steering customers to cheaper payment alternatives.
UnitedHealthcare and Amedisys: The largest U.S. health insurer has been on a tear the last few years, buying at least four companies outside the traditional insurance business. It beat back a DOJ lawsuit seeking to block its takeover of the tech company Change Healthcare, and completed its deal for home health giant LHC Group, after a lengthy FTC investigation. It also acquired New York medical provider Crystal Run earlier this year. Now the DOJ is investigating United’s purchase of another major home health company Amedisys, its second major deal in the sector in less than a year.
At the FTC:
Amazon and iRobot: The FTC has been reviewing Amazon’s $1.4 billion purchase of Roomba-maker iRobot for almost a year and a half, and agency lawyers are concerned Amazon would favor Roomba parts and products over competing brands like Samsung. The EU is also holding up the deal, and a decision at the FTC is expected early next year.
Kroger and Albertsons: A decision from the agency is due early next year on whether to intervene in the mega-merger that would create the nation’s largest chain of grocery stores. The $24.6 billion deal has garnered widespread opposition from unions and lawmakers who fear it could lead to deflated wages and higher consumer prices.
Oil mergers: The FTC opened in-depth reviews this month of Exxon Mobil’s $60 billion deal for Pioneer Natural Resources and Chevron’s $53 billion takeover of Hess Corp. The deals are part of increased M&A activity in the oil and gas sector, which is flush with cash and rapidly consolidating. The reviews are in the early stages but decisions will come at some point next year.
Subway: The sandwich chain giant is under investigation for its roughly $10 billion takeover by private equity firm Roark Capital, which already owns rival Jimmy John’s and Arbey’s. The review is in the early stages and a decision is expected next year.
Qualcomm and Autotalks: Chipmaker Qualcomm is looking to add to its assisted and autonomous vehicle offerings with its acquisition of Israeli company Autotalks. The deal drew scrutiny at the FTC and in Europe this summer and a decision is expected in the coming months.
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