Capital One’s Acquisition of Discover: A Potential Game-Changer in the Credit Card Industry

In February 2024, Capital One announced its intention to acquire Discover Financial Services for $35.3 billion. The merger, if approved, would make Capital One the largest credit card issuer in the United States by balanced owed, and significantly challenge the market dominance of Visa and Mastercard.  However, the deal has raised significant regulatory concerns, particularly […]

Rise of ESG Backlash: Challenges to Cross-Border Mergers and Acquisitions

Environmental, social, and governance (“ESG”) considerations have influenced corporate choices more and more in the past several years, especially when it comes to cross-border mergers and acquisitions (“M&A”). Companies have been compelled by ESG principles to incorporate sustainability and ethical conduct into their strategies, shaping investment decisionmaking, due diligence, financial valuations. Although ESG has become […]

The Politicization of CFIUS: Threats to Cross-Border M&A Integrity

Cross-border mergers and acquisitions (M&As) are a crucial strategy for companies aiming for sustainable growth in diverse global markets. This approach allows firms to acquire cutting-edge technologies, expand their market presence, and optimize costs. However, a recent surge in investments from China and other emerging countries has raised alarms about the risks of leaking confidential […]

Corporate Advantage and Civilian Vulnerability: A Post-Chevron Landscape

With the Chevron Doctrine’s reversal by Loper Bright Enterprises v. Raimondo, the transformation of the regulatory landscape proves inevitable. The Chevron Doctrine previously granted federal agencies the power to interpret ambiguous federal statutes. Its dissolution poses a threat to legislative efficiency, with the judicial courts now taking the lead on such interpretations—an often lengthy and […]

Beyond the Banks: Private Credit and the Future of Lending

Even as private equity cools, the private credit market is rapidly growing, now valued conservatively at over $2 trillion. Private credit primarily takes the form of direct lending, where nonbank and other private institutions lend to companies. This boom is up by $400 billion since 2021 (while public debt has declined roughly the same amount […]

FTC Launches Operation AI Comply: When Do AI Claims Cross into Deception?

From the moment we unlock our phones, we are inundated with artificial intelligence (AI) advertisements—many making grandiose promises that seem too good to be true. Businesses have claimed their AI can help customers build an “AI-powered Ecommerce Empire” or “generate perfectly valid legal documents in no time.” But at what point do these lofty, AI-infused […]

Apple’s $2 Billion Antitrust Fine Over Music Streaming Monopoly

On March 4, 2024, the European Union (EU), after a five year long investigation, fined Apple nearly $2 billion over unfair trade practices related to music streaming for iOS users. Apple was accused of making unfair rules and regulations for the developers of the music streaming applications. The fine imposed by the EU is one […]

Chevron Deference and Corporate Regulation

The Chevron doctrine was established in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), during a period of widespread agency budget-cutting. While Chevron was initially celebrated as a win for the deregulatory state, it has since evolved into a cornerstone legal test in the world of administrative law. Loper Bright Enterprises v. Raimondo […]

Striking a Balance in the Digital Landscape

In the age of digital technology, Section 230 of the Communications Decency Act has become a crucial law, molding how online interaction and content moderation unfold. Initially designed to promote innovation and free expression online, Section 230 has come under increasing scrutiny, especially regarding its effects on competition. At its core, Section 230 provides online […]

The Digital Markets Act: The EU’s Tool to Open Big Tech

March 7 is the first day for Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft—the first six gatekeepers designated by the European Commission for their platform services—to fully comply with the EU’s Digital Markets Act (DMA). Since May 2023, the DMA has been aiming to ensure fair and open markets in the digital sector. It requires […]