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May 11, 2020

Mariama Eversley

Blog Post

2020 Election/TransitionPrivate Equity

Private Equity is Making COVID-19 in Nursing Homes Even Worse. A President Biden Could do Something About it.

Private equity (PE) owned nursing homes have a bad reputation. The industry’s, by now infamous, cost-cutting strategies have been shown to lead to measurable declines in patients’ health, safety, and wellbeing when undertaken in the nursing home context. The Carlyle Group’s acquisition of HCR ManorCare in 2011, for example, left patients with “overdoses, bedsores, [and] broken bones” before driving the company into financial ruin.

May 11, 2020

Andrea Beaty Miranda Litwak

Report

Anti-MonopolyCoronavirusForeign Policy

International Antitrust Response to Coronavirus

The Pandemic Anti-Monopoly Act would preemptively stop harmful mergers that not only affect American consumers, but economies all over the world that rely on the same global supply chains. Undoubtedly, companies looking to acquire struggling businesses during the pandemic will try to take advantage of the “failing firm” argument to justify acquisitions. But what actions have lawmakers and antitrust enforcement officials in other countries undertaken to prevent predatory mergers while businesses struggle?

May 07, 2020

Miranda Litwak

Blog Post

Anti-MonopolyCoronavirus

Why is Congress Ignoring EIDLs?

Over the past several weeks, the SBA has been criticized for its administration and oversight of its Paycheck Protection Program (PPP), which offers forgivable loans designed to be spent on payroll expenses. But little attention has been paid to the SBA’s second COVID-response loan effort: the Economic Injury Disaster Loan (EIDL) program. EIDLs provide small businesses affected by disasters with emergency loans. Over the past few decades, the SBA has provided EIDLs after major disasters such as Hurricane Katrina and 9/11.

May 06, 2020

Jeff Hauser

Press Release

Anti-MonopolyBigLawFTCRevolving Door

RDP Bemoans Big Pharma Merger Facilitated by Revolving Door BigLaw Lawyers

Revolving Door Project Executive Director Jeff Hauser said, “This anti-competitive merger further entrenches Big Pharma at the expense of all Americans. Big Pharma’s playbook here is no less dangerous for having become rote: They hire well-connected revolving door FTC alumni to secure approval for mergers that undermine the public interest. To restore the public interest at the FTC, we will need to end the FTC-to-BigLaw pipeline that has helped bring about an economy that works well for rich investors rather than American consumers or workers.”

May 01, 2020

Miranda Litwak

Report

Anti-MonopolyIndependent Agencies

The SBA's Office of Advocacy: What is it and Why is it Relevant?

The Small Business Administration’s Office of Advocacy (“Advocacy”) is a little known corner of the executive branch that wields a surprising amount of power, particularly in the regulatory process. This research memo explores the powers Advocacy possesses, how the office gained this power, and the potential Advocacy may have in a progressive administration to be a strong anti-consolidation voice in the regulatory process.

April 29, 2020

Andrea Beaty

Blog Post

Anti-MonopolyRevolving Door

Amazon Won’t Play Fair In Commerce Or Congress

Last week, the Wall Street Journal revealed that contrary to stated company policies, Amazon looks at proprietary information generated for third-party sellers on the platform when developing its house-brand offerings. Cases described to the Journal include Amazon engineers peeking at the total sales, profit margins, and shipping costs for a popular third-party car trunk organizer which sells on Amazon Marketplace. Amazon later used that data to help design its own, rival product. Third-party sellers have long believed that Amazon wasn’t looking at this information because…Amazon said it wasn’t looking at this information. Instead, the tech giant’s control of both the Marketplace and its own house brands grants it an anti-competitive advantage over smaller sellers who depend on Amazon’s marketplace to survive. They can’t check all of their competitors’ stats on a whim to figure out how to drive them out of business.

April 28, 2020

Miranda Litwak

Blog Post

Congressional Oversight

The SBA Was Never Prepared to Handle This

Many Americans might not have heard of the U.S. Small Business Administration (SBA) before COVID-19. In fact, the small executive agency has been involved in the federal government’s response to some of the largest economic crises and natural disasters over the past two decades. This time around, the SBA has been thrust front and center as it attempts to administer one of the largest loan programs in our nation’s history. But if our Congressional leaders had spent time understanding the SBA’s limitations, perhaps they would have paused before giving the agency free rein to hand out billions of taxpayer dollars.

April 28, 2020

Eleanor Eagan Jeff Hauser

Blog Post

Congressional Oversight

In Interview, Donna Shalala Does Nothing to Alleviate Progressives' Concerns

Nancy Pelosi shocked onlookers earlier this month when she named freshman Representative Donna Shalala (D-FL) to the CARES Act oversight panel. Shalala had not expressed interest in the position publicly, nor does she possess specialized expertise in financial policy, congressional oversight, or law enforcement. Pelosi’s choice discouraged those holding out hope that a spirited set of appointees could somewhat overcome the panel’s structural disadvantages.

April 21, 2020

Jeff Hauser

Press Release

Congressional Oversight

This Time Around, Congress Must Implement Meaningful Oversight of SBA Loan Programs

Congressional leaders have finally reached a deal to replenish the SBA COVID response loan programs temporarily after days of negotiations. Putting aside the tragically narrow parameters of this deal, House Democrats should only be acceding to further funding these ill-designed programs after they have secured effective oversight of the Trump Administration’s heretofore bumbling execution of the law.