The Lobbyists' Ability To Control The Message

from the we-say-what-they-want dept

It certainly won't come as much of a surprise to readers around here that lobbyists from Roche/Genentech were able to get 42 different members of Congress to include text they had written into the Congressional Record. For way too long, we've seen how much politicians seem to rely on lobbyists to write the legislation, create the talking points and (at times) even deferring questions to the lobbyists themselves. Is it any wonder that lobbyists have become the new celebrities?

But what is rather stunning about the NY Times story on how Genentech's talking points were mentioned (with multiple Congressional reps using the exact same language) is how unconcerned everyone is about it. The lobbyists wrote up talking points for both sides of the aisle. It wasn't about being in support or against the current healthcare bill, but just to get these Congressional Reps "on the record" in supporting key concepts, so that those same lobbyists can go back and point to such "bipartisan" support in the future, even if the Congressional reps themselves don't even know what they're talking about.

The NY Times talked to a bunch of Congressional offices about this, and they all seem to admit freely that the language came from Genentech lobbyists, and they incorporated it directly (sometimes with a few minor changes) into the remarks that get put into the Congressional record. This isn't the fault of Genentech or its lobbyists -- who, of course, are going to push for such things. The really damning part is that all of these Congressional reps don't seem to think there's any problem at all with simply taking text directly from a company and putting it into their own remarks as if they agree on the concept, when they don't even seem to understand what they're saying half of the time. Often these sorts of Congressional remarks are later used to show "Congress' intent" in doing certain things. But, perhaps they should just start being upfront and honest about the fact that these remarks are "the industry's intent" and simply signing them with the companies that actually wrote the language (or at least tagging the remarks with the name of the company/industry group that wrote it).

Filed Under: congress, health care, lobbyists
Companies: genentech, roche

Is It An Antitrust Violation To Agree Not To Poach Employees From Competitors?

from the not-entirely-clear dept

The news broke this week that a bunch of big name Silicon Valley companies are under investigation by the Justice Department for their hiring practices and potential antitrust concerns. The specific issue appears to be that the companies may have agreed to not try to poach top execs from certain companies. Apparently there was nothing stopping the employee from getting a job at one of these companies, if they took the initiative -- but the companies wouldn't initiate the attempt. In most cases, the idea was not to poach from partners -- which might just be good business sense (pissing off partners generally isn't a good idea). Where it gets tricky is the accusation that some companies had written agreements not to poach, which could lead to some charges of collusion. Oddly, the NY Times article's title claims that the issue is "unwritten rules" when the details of the article suggest it's not the unwritten, but the written rules that are the problem. There have been studies that suggest that root of Silicon Valley's success was the easy movement of people from job to job -- so if it's true that companies are holding back trying to get the best employees to move around, they may actually be doing a lot more harm to themselves anyway. And, on the whole, it does seem like there's an awful lot of movement between big name companies. Just this week at the Conversational Marketing Summit, one of the speakers had a musical chairs presentation that went on for a long time showing a bunch of execs and how they played musical chairs between Yahoo, Google, Microsoft, AOL, News Corp. and Facebook.

Filed Under: antitrust, collusion, hiring, silicon valley
Companies: apple, genentech, google, microsoft, yahoo