There’s Something About Haley

Sixteen states and one territory hold primary elections today, but it doesn’t really matter. November is already set to be a Biden-Trump rematch. So why is Nikki Haley continuing the fight?

Even if some Americans and even prominent columnists hold out fantasies for alternatives to the unpopular current and former presidents, Joe Biden and Donald Trump are now the only realistic major party choices. Trump will likely officially cinch the nomination a couple weeks from now, but it’s merely a formality. 

Haley undoubtedly knows this and has always known her 2024 run was a long shot. But she has reasons beyond any path to the nomination for continuing at least through today’s Super Tuesday contests. 

And no, it’s not to be Trump’s vice president – something neither Trump or Haley would be likely to agree to after their unexpectedly fierce primary battle. Nor has she helped any future White House ambitions. Her poor showing against Trump in D.C. last weekend—her only victory so far—does not exactly put her in a position of strength going forward. And her negatives continue to go up among Republicans as she refuses to drop out.

But here are some other possibilities that keep her running: 

1. Nominee in waiting. Campaigns can change overnight. With months and many Trump court cases to go before the election, Haley’s persistence sets her up as a potential emergency backup.

2. Staying in as the last candidate standing against Trump continues to drive up her name recognition nationwide. And a higher profile can be an asset for any number of future ambitions. 

3. She’s got plenty of dough. She raised $12 million last month alone, including from some Biden donors interested in seeing her keep up the GOP fight. And if she’s got it, why not spend it?

For more insights, see our Super Tuesday election deck here.

​Wednesday, March 6 marks the deadline for companies to comply with the EU’s Digital Markets Act (DMA). The law is one of the most significant efforts by regulators to increase competition and promote transparency in online markets.

Here’s what you should know:

• The initial deadline applies to six “designated gatekeepers” – Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft – who must comply with a host of behavioral obligations, in addition to new merger control and audit requirements.

• The rules are focused on limiting unfair conduct related to restrictions on interoperability and data use and portability, favoring certain services or “tying” services together, usage restrictions and advertising transparency.

• In the coming months, expect the European Commission to open market investigations to determine if any “gatekeepers” are noncompliant, with court appeals likely to follow. Smaller tech and media companies have already criticized proposed changes by the “gatekeepers,” accusing them of using the DMA to further entrench their power.

• While the DMA rules only apply to services offered to businesses and consumers in the European Economic Area(EEA), companies could choose to implement changes globally. Expect Congress and antitrust enforcers to look closely at the results of the DMA to inform efforts aimed at regulating Big Tech in the U.S.

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Our colleagues on the Food & Ag team report on the lawsuit by the The Federal Trade Commission (FTC) and attorneys general in eight states challenging a merger between Kroger and Albertsons, citing the deal as anticompetitive and likely to lead to higher prices for Americans. The FTC has said the proposed $24.6 billion deal would be the largest grocery store merger in U.S. history.

The Associated Press notes the grocery giants announced the deal at time of particularly high food-price inflation, which contributed to the scrutiny: "U.S. prices for food eaten at home typically rise 2.5 % per year, but in 2022 they rose 11.4% and in 2023 they rose another 5%, according to government data. Inflation is cooling, but gradually."

The deal has been in policymakers’ crosshairs since the initial October 2023 announcement:

• In January, Washington State’s Attorney General sued to block the merger, as reported by Reuters.

• Six members of Congress penned a December letter to the FTC requesting that the commission block the merger.

• The Senate Judiciary Committee’s Subcommittee on Competition Policy, Antitrust and Consumer Rights held a hearing in November regarding the impacts of the proposed merger.

More broadly, per The New York Times, the Biden Administration has taken a strong stance against consolidation, challenging multiple big deals in recent years across the pharmaceutical, airline and technology industries.