California
Will the courts kill California’s venture capitalist economy?
On Wednesday, a federal appeals court heard oral arguments for and against the Federal Trade Commission’s antitrust case against Microsoft and game developer Activision Blizzard’s announced merger.
Having studied venture capital for over a decade, I believe the court’s decision will have a far broader reach than video games or this one case. Its ruling will either signal that venture capital investing can remain a cornerstone of the United States economy or that the nation’s leading antitrust regulators have a right to pull it back.
Venture capital involves high-touch support for young, innovative, and risky firms. It offers them financing, mentorship, strategic guidance, and network access from some of America’s leading entrepreneurs and companies.
California receives the vast majority of the nation’s venture capital investments. In 2022, it accrued $104 billion of it. The next two runner ups did not even have one-third of that amount.
While most companies that receive venture capital funding fail, others become significant successes. Research I conducted in 2015 showed that three out of the five largest global companies and one-fifth of publicly traded U.S. companies have received venture capital financing.
These numbers have only gone up since then. In a 2021 study I conducted with Will Gornall from the University of British Columbia, we found that venture capital-backed companies account for 41% of total U.S. market capitalization and 62% of U.S. public companies’ research and development spending. Among public companies founded within the last fifty years, venture capital-backed companies accounted for half by quantity, three-quarters by value, and more than 92% of all research and development spending and patent value.
The U.S. venture capital industry is an important ingredient of California’s growth engine. Without it, Apple, Netflix, Airbnb, Zoom, and many other California-based companies would likely have never come to fruition. Our lives would be vastly different.
However, without mergers and acquisitions, California’s venture capital economy cannot function.
For the venture capital industry to thrive, venture capitalists must be able to have successful exits. Exits enable venture capitalists to return money to their investors and raise new funds to invest in the next generation of startups. Even though the most talked about venture capital exits are the venture capital-backed companies that go public, ten or more merge or are acquired for each that goes public. Without a viable option of successful mergers and acquisitions, the venture capital industry will likely come to a halt.
With the proposed Microsoft and Activision merger, the FTC fears the potential of centralizing industry market share. However, by making this and other mergers and acquisitions unviable exit avenues for venture capitalists, the FTC could instead hurt the tens of thousands of entrepreneurs who rely on venture capital investments to get their ideas going.
If venture capitalists know their investments are unlikely to exit via acquisitions, they will develop higher bars for investing.
In fact, in my experience, many venture capitalists often know that acquisitions are the only viable options for many of their portfolio companies. Blocking venture capitalists’ exits will result in less investment, fewer startups, less innovation, and a greater chance of California losing the competitive position it has in fields ranging from healthcare to artificial intelligence.
If venture capitalists cannot ever cash out, as their companies get acquired by more established entities, they will reduce investments throughout the entire economy. We will have not only fewer acquisitions. We will miss on the next Apple, Uber, and Amazon.
A government that can shut down the next Google or Netflix out of fears that mergers and acquisitions can slow industry growth would not be good for California’s economic growth, and it would not be good for its consumers, either. Here’s hoping the appeals court makes the right decision.
Ilya A. Strebulaev is the David S. Lobel Professor of Private Equity at Stanford University and a research associate at the National Bureau of Economic Research. He also is the founder and director of the Stanford GSB Venture Capital Initiative. He is a co-author of “The Venture Mindset,” to be published by Portfolio/Penguin Random House in May 2024.
California
California Continues Targeting Food Additives, Dyes With Executive Order on Ultra-Processed Foods
California Governor Gavin Newsom has issued an executive order that mandates state agencies explore the food safety of ultra-processed foods, food dyes, and “generally recognized as safe” (GRAS) ingredients, and recommend actions to mitigate the adverse health effects.
The executive order characterizes ultra-processed foods and ingredients as “industrial formulations of chemically modified substances extracted from foods, along with additives to enhance taste, texture, appearance, and durability, with minimal to no inclusion of whole foods.” Common examples include packaged snacks, chips, crackers, cookies, candy, sugary beverages, and highly processed meats like hot dogs and lunch meats. It also calls attention to the myriad chemicals, such as food colorants, authorized for food use in the U.S., claiming that more than 10,000 such substances are currently present in the U.S. food supply, in comparison to the 300 authorized for use in the EU.
Many food chemicals enter the nation’s food supply through the U.S. Food and Drug Administration’s (FDA’s) GRAS process, which lawmakers and scientists have criticized as a “loophole” allowing potentially toxic additives in food. In a recent article by Harvard medical and law experts, the authors called GRAS a “laissez-faire approach to monitoring the safety of ingredients” that poses a threat to public health.
In this context, California has passed several precedent-setting pieces of state legislation on chemical food additives and colorants in recent years, such as the California Food Safety Act and the California School Food Safety Act.
Continuing state efforts to crack down on chemical food additives, Gov. Newsom’s latest executive order includes, but is not limited to, the following mandates:
- No later than April 1, 2025, the California Department of Public Health (CDPH) will provide recommendations to the Governor’s office regarding potential actions to limit the harms associated with ultra-processed foods and food ingredients that pose a public health risk (e.g., the inclusion of warning labels on certain ultra-processed foods)
- The Office of Environmental Health Hazard Assessment (OEHHA), in consultation with CDPH, will investigate the adverse human health impacts of food dyes, and provide a briefing to the Governor’s office no later than April 1
- No later than April 1, CDPH and OEHHA will report to the Governor’s office on the feasibility of state-level evaluation of food additives considered GRAS, as well as state actions that can be taken if companies fail to notify FDA of certain food additives through the GRAS process
The executive order also includes actions aimed at decreasing the purchase of ultra-processed foods; increasing access to healthy foods; and improving the nutrition of and increasing the amount of fresh, local-grown ingredients used in California school meals.
Some groups have previously criticized California’s approach to food additives regulation for leading the charge on an emerging patchwork of state regulations, however. For example, prior to the passage of the California School Food Safety Act, the Consumer Brands Association (CBA) stated, “[The bill] sets a dangerous precedent for state politicians to substitute their own views on food safety ahead of the scientists and risk-based review system that stringently protects America’s food supply. Americans deserve unified guidance that follows the science, not a patchwork of confusing laws.”
California
High wind warning for California for Tuesday and Wednesday, according to the NWS
California
Perry, real-life donkey who inspired iconic 'Shrek' character, dies at 30
Monday, January 6, 2025 12:57AM
Perry, a famous donkey from Palo Alto that helped inspire the movie character “Donkey” in “Shrek,” has died.
PALO ALTO, Calif. — A famous donkey from California that helped inspire the movie character “Donkey” in “Shrek” has died.
Perry was 30 years old.
In an Instagram post, BPDonkeys, wrote on Friday, “We are heartbroken to share that our beloved Barron Park donkey, Perry, passed away yesterday at the age of 30. He was a beloved member of our community and we know many people will be touched by his passing. Memorial plans will be announced soon.”
Perry resided at Cornelis Bol Park in Palo Alto, California and served as a support animal.
Paying for his care, and for the other donkeys, slowly became a point of controversy overtime. The city faced a budget deficit last year. A city councilmember pushed back at paying tens of thousands of dollars.
A memorial will be held for Perry at a later date.
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