Anticipating Regulatory Challenges: Business Leaders Watch Biden’s Regulatory Apparatus

Introduction

As the presidential election draws near, business leaders are closely monitoring the countdown to Election Day, wary of the potential impact of the Biden-appointed regulatory apparatus. With regulators like Lina Khan at the FTC and Jonathan Kanter at the Justice Department, companies are bracing for significant changes.

Focus on Intermediaries

One key area of concern for businesses is the focus on the “tyranny of the intermediary” – middleman companies that may be abusing their position to stifle competition or create barriers to entry. This legal theory could have far-reaching implications for various industries.

Targeted Companies

• RealPage: The property management company, known for using AI to set prices, is under scrutiny for potential anti-competitive practices. It has faced lawsuits alleging collusion and is closely monitored by regulators.
• UnitedHealth Group: The healthcare conglomerate, with various subsidiaries including insurers and medical practices, is also being investigated for its market dominance and potential antitrust violations.
• Other Potential Targets: Speculation abounds about which companies could be next on the regulators’ list, including travel booking services, brokerage firms, shareholder advisory firms, and NFT marketplaces.

Businesses are actively trying to anticipate the regulatory landscape post-election and adjust their strategies accordingly to navigate potential challenges.