Comments on FTC/DOJ Draft Merger Guidelines. Derailing a Schedule F Revival
Comments on FTC/DOJ Draft Merger Guidelines. Derailing a Schedule F Revival

Regulation Digest
September 20, 2023
Vol. 12, No. 38
Editor: Nate Thompson
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Marketplace of Ideas


GW Regulatory Studies
- Comment on FTC-DOJ Draft Merger Guidelines, Mary Sullivan
Reg & Governance
- Understanding Participation in Public Commenting: Evidence from the EU, Adriana Bunea & Sergiu Lipcean
R Street
- Comments on the Proposed Merger Guidelines, Josh Withrow
RFF
- Prioritizing Justice in New York State Climate Policy, Alan Krupnick et al.
- Comments on the National Strategy for a Sustainable Ocean Economy, Margaret A. Walls et al.
SBCA
- Don't Miss the Chance to Present at the 2024 SBCA Conference!
SSRN
- Regulating the Revolution: A Legal Roadmap to Optimizing AI in Healthcare, Fazal Khan
- The Environmental Governance Dilemma, Angela Chi Chao et al.
The Regulatory Review
- Maintaining the Durability of Regulatory Analysis, Interview with RSC’s Susan Dudley
- Regulatory Discretion Fosters Clean Tech, Shon Hiatt & Jake B. Grandy
Tech Policy Institute
- Comments Filed With The FTC On The Matter Of ‘Draft Merger Guidelines’
Urban Institute
- Bank Capital Notice of Proposed Rulemaking, Laurie Goodman & Jun Zhu
- Bank Regulators Are Taking Too Narrow a View of Mortgage Risk, Jim Parrott & Laurie Goodman
Washington Legal Fdn.
- OSHA Proposes Rule That May Allow Union Organizers And Activists To ‘Walk Around’ Workplaces, Eric J. Conn & Mark M. Trapp
Yale JREG
- Harnessing Regulatory Shaming to Overcome Corporate Climate Obstruction, Sharon Yadin
American Action Forum
- The Antitrust Case Against Google's Ad Tech Business, Jeffrey Westling
AEI
- If AI Can't Be Defined, How Can it Be Regulated? Bronwyn Howell
- Comments on Draft Merger Guidelines, Benjamin Zycher
American Prospect
- The Failure of Dodd-Frank, Robert Kuttner
BBB
- Event: BBB Soft Law Summit (Request Invitation), 10/17
Bipartisan Policy Center
- Zoning and Land Use Case Studies, Owen Minott et al. 
C. Boyden Gray Center
- Event: Chevron On Trial: The Supreme Court and the Future of Agency Authority, 10/20
Cato Institute
- Technological Promise and Political Limits of Automated Regulation Enforcement, Oliver Browne et al.
CAP
- How the Federal Government Can Hold the Oil and Gas Industry Accountable, Mariel Lutz et al.
CPR
- Vehicle Regulations on Trial, Daniel Farber
CEI
- Congress Can Say No to Bidenomics in Shutdown Showdown, Clyde Wayne Crews

- The Road to Pork Product Serfdom, Richard Morrison

Federalist Society
- Is It Lawful to Use Regulatory Impact Analysis to Achieve Equity?, J. K. Davis
- Video: Sackett v. EPA: A Tale of Wetland Regulations, Part 2, Paul Ray et al.
- EEOC Proposes Expansive Pregnant Workers Fairness Act Regulations, Rachel N. Morrison
Free State Foundation
- Spotlighting the FCC’s Key Digital Discrimination Rulemaking, Randolph J. May
GAO
- Drone Swarm Technologies
HBR
- Sustainability Is About Your Workforce, Too, Josh Bersin
Heritage Foundation
- Event: 21st Century Labor Policies to Promote Worker Freedom, 9/22
ITIF
- A Global Declaration on Free and Open AI
- Comment on the Draft Merger Guidelines, Joe Coniglio
Mercatus Center
- Draft Merger Guidelines are Seriously Flawed on Case Law, Alden Abbott
Niskanen Center
- Let Applicants Apply for Temporary Protected Status and Work Authorization in One Form, Matthew La Corte
Pew Trusts
- The Temporary Federal Rule on Telehealth Treatment, Explained, Marcelo H. Fernández-Viña & Sheri Doyle
- Lot-Size Reform Unlocks Affordable Homeownership in Houston, Alex Horowitz & Tara Roche
Reason
- Harsh AI Regulation From Congress Imperils Innovation, Jennifer Huddleston
- DOJ's Antitrust Lawsuit Against Google is a Loser for Consumers, Ethan Yang & Ryan Yonk
- Environmentalists Are Destroying My Kitchen, Liz Wolfe

Agency Rulemaking Highlights


Notable Actions

Upholding Civil Service Protections and Merit System Principles
The Office of Personnel Management is proposing to reinforce and clarify longstanding civil service protections as they relate to the movement of federal employees and positions from the competitive service to the excepted service. The proposed rule distinguishes civil service roles from those of noncareer, political appointees. The proposal is intended to prevent future administrations from reclassifying civil service employees as political appointees who may be removed at will for potentially political reasons. Comments due November 17. 
Discrimination on the Basis of Disability in HHS Programs or Activities
The Department of Health and Human Services is proposing to clarify existing requirements that prohibit its service programs from discriminating on the basis of disability in the provision of health care, child welfare, or other human services so that persons with disabilities have an opportunity to benefit from programs equal to those afforded others. Comments due November 13. 
Improving Protections for Workers in Temporary Agricultural Employment in the United States
The Department of Labor is proposing to strengthen protections for temporary agricultural workers and enhance the department's capabilities to monitor program compliance and take necessary enforcement actions against program violators. Comments due November 14. 
Regulatory Capital Rule: Large Banking Organizations
The Treasury Department invites public comment on a proposal to revise the capital requirements applicable to large banking organizations and to banking organizations with significant trading activity. The revisions are intended to improve the calculation of risk-based capital requirements to better reflect the risks of these banking organizations' exposures, and facilitate more effective supervisory and market assessments of capital adequacy. Comments due November 30.
Long-Term Debt Requirements for Large Bank Holding Companies
The Treasury Department is proposing to require certain large depository institution holding companies to issue and maintain a minimum amount of long-term debt to improve the resolvability of these banking organizations in case of failure, and mitigate financial stability and contagion risks by reducing the risk of loss to uninsured depositors. Comments due November 30. 
Energy Conservation Standards for Commercial Packaged Boilers
The Department of Energy is amending its standards for commercial packaged boilers (CPB) in compliance with a D.C. Circuit court decision vacating the January 10, 2020 rule that amended standards for CPB. Effective September 19. 
National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities
The Environmental Protection Agency extended the comment period for its proposed rule, “National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review.” Comments now due September 29.
The Opinion Section
Susan Dudley & Mary Sullivan: Recent Antitrust and Regulatory Changes Both Unravel the Consensus 
Benjamin Zycher: Biden Administration Continues its Anti-democratic ‘Sue-and-Settle’ Masquerade  |  The War Against Benefit-Cost Analysis
Clyde Wayne Crews: Regulatory Reforms Belong in the FY2024 Budget Negotiation
Jim Copland: How Everyday Investors May Soon Vote Away ESG
WSJ Editorial Board: Debunking Drug Price Myths  |  Gary Gensler Tells a Climate Whopper
Bloomberg Editorial Board: SVB Failure: New Long-Term Debt Rule Will Test the FDIC's Resolve
David Doty: Are FTC And DOJ Staff Regulating U.S. Companies Via Foreign Fiat?
Ylli Bajraktari: America’s Framework to Lead on AI
Joel Thayer: How to Think About the Google Antitrust Case
In the News
Governance & Politics
Financial Markets & Housing
Energy & Environment
Business and Technology
Artificial Intelligence
Health & Safety
The George Washington University

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