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Business Journals
a day ago
- Business
- Business Journals
5 issues that could derail employers in 2025
1. DEI pushback: Diversity, Equity and Inclusion initiatives are suddenly under intense scrutiny after both an unfavorable Supreme Court decision and a change in the federal administration, with state officials and legislators signaling a closer look as well. Employers with elements of these programs still in place should review them carefully to be sure that they don't run afoul of current interpretations of antidiscrimination laws. 2. 'Reverse' discrimination: A new opinion from the United States Supreme Court has opened the door a bit wider to so-called 'reverse' discrimination suits, where an employee believes they were discriminated against specifically because they are NOT a minority or a member of an otherwise protected class. The opinion interpreted antidiscrimination statutes to mean precisely what they say, and all claims of discrimination must meet the same standards. Employers should expect to see a wave of these claims going forward. 3. Non-compete agreements: The federal bans on noncompetition agreements championed under the last administration never saw the full light of day, but that doesn't mean these clauses are safe in the future. The current Federal Trade Commission chair, Andrew Ferguson, has signaled that his agency will still scrutinize overbroad non-competes. The heat, while not quite as hot, is still on, and state regulation of non-competes is only increasing. 4. AI issues: AI is here to stay, but as employers rush to embrace a new, potentially world-changing tool, significant risks remain. Employers may find themselves liable for when AI tools used to make hiring or other employment decisions lead to violations of anti-discrimination laws. States have already begun to regulate these tools precisely for this reason, so employers should be wary of letting AI generate liability. 5. ADA failure to accommodate claims: These claims are nothing new, but they remain a serious stumbling block for employers. The Department of Justice withdrew several guidance documents earlier this year, which only serves to muddy the waters further. Employers must be mindful of the need to accommodate employees with disabilities, and they must also be open to a broad interpretation of what may considered a disability. When employers fail to engage in the interactive process, courts take notice.
New Straits Times
2 days ago
- Business
- New Straits Times
Mars'US $36bil Kellanova deal gets US antitrust approval as EU opens investigation
BRUSSELS: Candy maker Mars' takeover of Pringles maker Kellanova was cleared by US antitrust regulators on Wednesday, but their EU counterparts opened a full-scale investigation into the US$36 billion deal, saying it could lead to price hikes. President Donald Trump's antitrust enforcers, including Federal Trade Commission Chairman Andrew Ferguson, have said they will not hesitate to block deals that harm competition in ways that hurt consumers, but also vowed not to stop deals that do not pose such concerns. "Our job is to determine whether there is a violation of American law that we can prove in court. And once we've concluded there is not, our job is to get out of the way," Bureau of Competition Director Daniel Guarnera said in an FTC statement announcing the early termination of its review of the deal. The deal did not meet the standard for an anticompetitive merger, the FTC said. Mars said it was pleased by the US decision and that the deal had received all regulatory clearances aside from the EU. It said it expected the deal to close towards the end of 2025. Kellanova did not immediately respond to a request for comment on the U.S. approval, which was made outside regular business hours. The EU's move could force Mars to divest assets to address the European competition concerns or risk the deal being blocked. The EU warned that prices may rise as the deal will boost Mars' negotiating power with retailers. Mars said after the EU move that it was disappointed with the EU's decision but it remained optimistic over the outcome of the transaction. "We remain confident the pending combination of Mars Snacking and Kellanova's complementary footprints and portfolios will deliver more choice and innovation to consumers," said Mars in a statement. "We look forward to delivering the benefits of the pending transaction to all Mars and Kellanova stakeholders," it added. Mars announced the deal last August, among the biggest in the sector, that would bring brands from M&Ms, Snickers and Whiskas to Pringles, Pop-Tarts and Kellogg cereals under one roof. Combined, Mars and Kellanova would account for roughly 12 per cent of the US snacking and candy industry, according to market share data from NielsenIQ. This would still leave the market with competitors including PepsiCo PEP.O, Kraft Heinz KHC.O, Mondelez MDLZ.O, Hershey HSY.N, General Mills GIS.N and others. Consumer advocacy groups had called on the FTC to investigate the deal last year, likening it to grocery chain Kroger's proposed acquisition of rival Albertson's, and raising concerns it would lead to higher grocery prices. Some experts at the time the deal was announced noted a limited overlap among their offerings. The EU competition enforcer said the deal would boost Mars' product portfolio, giving it increased leverage to extract higher prices during negotiations with retailers and in turn would lead to higher prices for consumers. It said both companies have a strong market position in several product markets in multiple EU countries due to their brands seen as must-have for consumers. The Commission also cited concerns from some European retailers about Mars' increased bargaining power and that they may be forced to accept higher prices, in order to avoid not being able to offer the products of Mars and Kellanova. "As inflation-hit food prices remain high across Europe, it is essential to ensure that this acquisition does not further drive up the cost of shopping baskets," EU antitrust chief Teresa Ribera said in a statement. The Commission set an Oct. 31 deadline for its decision. Reuters exclusively reported on June 18 that the deal would trigger intensive EU regulatory scrutiny. European retailers have voiced worries about the power of large international suppliers of branded packaged goods and the high concentration levels in products such as breakfast cereals, carbonated drinks, confectionery and frozen desserts.
Yahoo
13-06-2025
- Business
- Yahoo
FTC could bar Omnicom, Interpublic from boycotting sites over political views as merger condition: report
The Federal Trade Commission could reportedly bar advertising giants Omnicom and Interpublic from suppressing ads to websites over their political views as a condition for approving their pending merger. The FTC, led by President Trump-nominated chairman Andrew Ferguson, is considering imposing the consent decree as it engages in a broader effort to investigate and stop collusive ad boycotts that unfairly target conservative media. New York City-based Omnicom was among the companies called out by House Judiciary Committee chair Jim Jordan (R-Ohio) over its involvement with the Global Alliance for Responsible Media, a left-leaning advertising cartel that allegedly sought to defund news outlets and platforms, including The Post. Jordan launched an investigation into Omnicom after the merger was first announced last December. The FTC is currently reviewing a $13.25 billion all-stock deal between the two ad giants. If approved, the combined entitles would form the largest ad agency in the world, with around $25 billion in annual revenue. The terms of the merger deal are still under review and have yet to be finalized, Reuters reported on Thursday, citing a source familiar with the matter. Representatives for the FTC, Omnicom and Interpublic did not immediately return The Post's request for comment. The FTC's move points 'to a much more highly politicized environment for agencies than we have ever seen before, at least in the United States,' analyst Brian Wieser wrote in a midyear industry update on Tuesday that was cited by the New York Times, which first reported on the proposed consent decree. Fergson has said that any boycotts organized by advertisers can be illegal because they involve coordinated refusals to do business, which may restrict competition. Earlier this week, the FTC requested documents from top ad agencies, including Omnicon, Interpublic, WPP, Dentsu, Havas and Publicis, as part of a broad review into whether the firms had violated antitrust law by participating in boycotts against certain news outlets. The FTC is also targeting so-called watchdogs like Media Matters and Ad Fontes Media in the investigation and in May requested documents about their dealings with a dozen firms, the Wall Street Journal reported. The probe is focused in part on how the firms dealt with Elon Musk's X, which suffered a mass exodus of advertisers after the mogul bought the social media company formerly known as Twitter in 2022 and loosened its content moderation practices. The agency's letter to Media Matters requested 'all documents that Media Matters either produced or received in discovery in any litigation between Media Matters and X Corp. related to advertiser boycotts since 2023.' Last year, Musk filed a sweeping antitrust lawsuit against the World Federation of Advertisers and its now-defunct GARM initiative, which shut its doors after the suit was filed. X CEO Linda Yaccarino told The Post at the time that the entire online advertising ecosystem was 'broken' as a result of the alleged boycotts. 'We were victimized by a small group of people pushing their authority or ability to monopolize what gets monetized,' Yaccarino said. With Post wires
New York Post
13-06-2025
- Business
- New York Post
FTC could bar Omnicom, Interpublic from boycotting sites over political views as merger condition: report
The Federal Trade Commission could reportedly bar advertising giants Omnicom and Interpublic from suppressing ads to websites over their political views as a condition for approving their pending merger. The FTC, led by President Trump-nominated chairman Andrew Ferguson, is considering imposing the consent decree as it engages in a broader effort to investigate and stop collusive ad boycotts that unfairly target conservative media. New York City-based Omnicom was among the companies called out by House Judiciary Committee chair Jim Jordan (R-Ohio) over its involvement with the Global Alliance for Responsible Media, a left-leaning advertising cartel that allegedly sought to defund news outlets and platforms, including The Post. Advertisement 3 The FTC is currently reviewing a $13.25 billion all-stock deal between the two ad giants. Bloomberg via Getty Images Jordan launched an investigation into Omnicom after the merger was first announced last December. The FTC is currently reviewing a $13.25 billion all-stock deal between the two ad giants. Advertisement If approved, the combined entitles would form the largest ad agency in the world, with around $25 billion in annual revenue. The terms of the merger deal are still under review and have yet to be finalized, Reuters reported on Thursday, citing a source familiar with the matter. Representatives for the FTC, Omnicom and Interpublic did not immediately return The Post's request for comment. 3 The Omnicom and Interpublic merger deal was first announced in December. REUTERS Advertisement The FTC's move points 'to a much more highly politicized environment for agencies than we have ever seen before, at least in the United States,' analyst Brian Wieser wrote in a midyear industry update on Tuesday that was cited by the New York Times, which first reported on the proposed consent decree. Fergson has said that any boycotts organized by advertisers can be illegal because they involve coordinated refusals to do business, which may restrict competition. Earlier this week, the FTC requested documents from top ad agencies, including Omnicon, Interpublic, WPP, Dentsu, Havas and Publicis, as part of a broad review into whether the firms had violated antitrust law by participating in boycotts against certain news outlets. The FTC is also targeting so-called watchdogs like Media Matters and Ad Fontes Media in the investigation and in May requested documents about their dealings with a dozen firms, the Wall Street Journal reported. Advertisement 3 Chairman of the Federal Trade Commission (FTC), Andrew Ferguson, testifies during a House Committee on Appropriations – Subcommittee on Financial Services and General Government on a oversight hearing of the US Federal Trade Commission on Capitol Hill in Washington, DC, on May 15, 2025. AFP via Getty Images The probe is focused in part on how the firms dealt with Elon Musk's X, which suffered a mass exodus of advertisers after the mogul bought the social media company formerly known as Twitter in 2022 and loosened its content moderation practices. The agency's letter to Media Matters requested 'all documents that Media Matters either produced or received in discovery in any litigation between Media Matters and X Corp. related to advertiser boycotts since 2023.' Last year, Musk filed a sweeping antitrust lawsuit against the World Federation of Advertisers and its now-defunct GARM initiative, which shut its doors after the suit was filed. X CEO Linda Yaccarino told The Post at the time that the entire online advertising ecosystem was 'broken' as a result of the alleged boycotts. 'We were victimized by a small group of people pushing their authority or ability to monopolize what gets monetized,' Yaccarino said. With Post wires
Yahoo
11-06-2025
- Business
- Yahoo
U.S. booze is back on the shelf in two provinces. But is anyone buying?
Canadians in Alberta and Saskatchewan will see U.S. booze back on the shelf after the two provinces lifted their bans on American-made alcohol imports. Andrew Ferguson, the owner of an independent liquor store, says he does not expect this change to have a big impact because not a lot of people are buying American anyway.
