Law

Healthcare’s $450 bln octopus becomes the kraken

28 Feb 2024

Trustbusters are probing UnitedHealth, which insures 53 mln patients and works with 10% of US doctors, while also managing pharmacy benefits and more. It’s hard to dispute the market power. Whether there’s abuse, and how to stop it without hurting consumers, is less obvious.

Stephen King ghost-writes trustbusting bestseller

27 Feb 2024

The US FTC is suing to block the $25 bln merger of grocers Kroger and Albertsons partly because of perceived harm to union labor. It resembles, oddly enough, a winning DOJ lawsuit over Penguin’s deal to buy Simon & Schuster. The case has a good shot at becoming a horror classic.

Buffett puts $1 trln grid problem in a bad light

26 Feb 2024

The billionaire’s Berkshire Hathaway became one of the biggest US utilities on the basis that providing electricity would generate steady returns. He now says he made a “costly mistake.” Thirteen-digit capital demands from climate change are quickly dimming investment prospects.

Russia risk looms over Euroclear profit windfall

22 Feb 2024

The Brussels-based clearing house is a reluctant depository for sanctioned Russian assets. It made 5.7 bln euros before tax last year thanks to cash sitting on its balance sheet. But the bonanza also makes it a target. A blow to financial stability would far exceed one-off gains.

Peter Thiel’s latest bitcoin bet is a coronation

13 Feb 2024

The billionaire’s Founders Fund pocketed $1.8 bln in 2022 on crypto investments before dipping back in last fall. Bitcoin has since been anointed with an ETF and technology that furthers its use. The currency isn’t yet legitimate, but Thiel’s return marks its growing status.

Elon Musk charts largely painless Delaware exodus

2 Feb 2024

Tesla’s boss is angling to reincorporate in Texas after the First State’s corporate judiciary undid his $56 bln pay package. Such a move would invite yet another lawsuit, but have little effect on investors. It also might give other cultish CEOs ideas on the value of governance.

Meta investors take wins now, forget about later

1 Feb 2024

The company is paying its first ever dividend just as politicians are on the warpath: a senator this week said CEO Mark Zuckerberg had blood on his hands. DC dysfunction protects investors for now. But safety issues dent its reputation, and political shifts will be a problem.

Elon Musk is his own worst enemy: part 420

31 Jan 2024

A Delaware court nixed the Tesla CEO’s $56 bln pay package, finding rampant dysfunction behind it. The sum may have been justifiable, but the carnival barking that underpins the company’s valuation complicates matters. If investors keep enabling Musk, bad governance will persist.

Exxon activists banished best with vote, not court

22 Jan 2024

The $385 bln oil giant wants a judge to stop a shareholder proposal urging stringent emissions limits from going to a vote. Similar measures failed before. Fighting rather than letting this one fall flat amplifies dissent and echoes past doomed dismissals of investor concerns.

Spirit deal loss eases anxiety for everyone else

16 Jan 2024

A judge grounded JetBlue’s $4 bln purchase of the ultra-cheap carrier. The defeat avoided a potentially unprecedented intervention by regulators that would have clouded the industry, while affirming antitrust blowback. But Spirit’s shares halved, for good reason.

New York Times arrives in new tech with AI lawsuit

28 Dec 2023

The 172-year-old newspaper publisher is suing OpenAI and its backer Microsoft for alleged unauthorized use of its articles to train chatbots. It could help compel tech companies to pay publishers for news content, shifting a modicum of power back to the battered media industry.

Antitrust legendarily unpredictable despite Epic

12 Dec 2023

A jury ruled against Google in a case brought by the gaming firm while an emboldened FTC blocked Sanofi from snagging a new drug. Yet Pfizer is pushing ahead with a $43 bln deal. Rainmakers can be comforted that regulators’ front offices aren’t a totally impenetrable barrier.

NCAA gets B for paying jocks; for an A, drop the C

6 Dec 2023

The National Collegiate Athletic Association’s plan to uncap amateur earnings while attending school is a long-overdue change for good. Its blueprint has flaws, however, and keeps control in the hands of a few. A good next step would be to separate sports from higher education.

Purdue mess pits drug victims against due process

5 Dec 2023

The $10 bln settlement ending opioid lawsuits is done and dusted, except for a case being reviewed by the Supreme Court. Justices’ discomfort over bankruptcy protection for the Sackler family has merit. But throwing out a deal means aggrieved parties just have to wait longer.

Legal blow makes Germany and Europe sicker

15 Nov 2023

Berlin’s top court blocked the government’s use of creative accounting for investments. That may jeopardise Chancellor Olaf Scholz’s $65 bln growth fund and mean less money for the energy transition. Europe’s biggest economy may also want more fiscal rigour from its EU peers.

Lina Khan’s spirit haunts T-Mobile deal ghost

10 Nov 2023

Consumers are suing the $170 bln telecom company for its deal with Sprint. Given government watchdogs can’t bust up big tech, it seems ambitious. But recent jury verdicts illustrate rising movements against companies. Plus the hassle creates yet another deal impediment.

Broadcom deal tempts a treacherously tasty trade

6 Nov 2023

The chipmaker’s $82 bln acquisition of VMware hangs by a Chinese thread. This lingering doubt has created a quirky anomaly on whether a small slug of shares winds up being bought for cash or stock, or not at all. There’s 25% upside to grab, but only for the bravest arbitrageurs.

SBF’s guilty verdict will help crypto break free

3 Nov 2023

Sam Bankman-Fried’s crimes worsened a rout that wiped trillions of dollars in value from digital assets. The FTX founder’s conviction suggests that, even in crypto, bad actors will be held to account. That could help rebuild trust in the idea of a trustless financial system.

Microsoft becomes unwitting fiscal honeypot

12 Oct 2023

A $29 bln back-tax bill amounts to 40% of the tech firm’s yearly earnings. It’s also enough to fund a new round of Ukraine aid, two years of tax collection or a decade of substance abuse treatment. Uncle Sam may lose the fight, but when budgets are tight there’s more to play for.

Bankman-Fried circus will be a singular clown show

4 Oct 2023

The FTX founder’s fraud trial bookmarks crypto’s rise and fall. Risk-loving speculators were the most obvious losers, while more everyday investors suffered in previous scandals such as Enron and Countrywide. This time, the spectacle is less likely to lead to new protections.