Competition & antitrust
August 2023 | SPECIAL REPORT: COMPETITION & ANTITRUST
Financier Worldwide Magazine
August 2023 Issue
Q&A: Antitrust implications of ESG initiatives
Given the lack of practical guidance, firms should reach out to regulators to discuss their ESG plans informally. In private litigation, there has been a recent and significant increase in the number of climate-related cases brought against corporations both in the US and the European Union. FW discusses the antitrust implications of ESG initiatives with Kadambari Prasad, Nadine Watson and Frédéric Palomino at Compass Lexecon.
Fix-it-first: navigating a seismic shift in US antitrust agency approaches to merger remedies
WilmerHale Notwithstanding the potential benefits, a fix-it-first strategy can be difficult to execute. Accordingly, parties should carefully assess the need for and the potential advantages and disadvantages of pursuing a fix-it-first strategy at the earliest stages of deal consideration.
Contractual joint ventures and competition law issues
Norton Rose Fulbright Although contractual joint ventures are feasible, legal uncertainties and compliance costs are significant when compared to equity joint ventures, which from a competition law perspective remain the more straightforward choice for parties.
Employers beware: Canada’s wage-fixing and no-poach offence now in effect
McCarthy Tétrault LLP On 23 June 2023, a new criminal offence in Canada’s Competition Act came into force that criminalises agreements between unaffiliated employers to fix salaries, wages or other terms and conditions of employment or agree to refrain from soliciting or hiring each other’s employees.
Post-Amex – market definition and anticompetitive effects
Skadden, Arps, Slate, Meagher & Flom LLP Since Amex, courts consistently have required inclusion of both sides of transaction platforms in the relevant market, and proof of net harm to both sets of consumers.
Amended guidance and upcoming guidelines on exclusionary abuses – more enforcement and less clarity?
Latham & Watkins On 27 March 2023, the European Commission published an amending communication bringing immediate changes to the 2008 ‘Guidance on priorities in enforcing exclusionary abuse of market dominance’, signalling one of the most significant policy changes in almost 15 years.
The new EU Foreign Subsidies Regulation: how will it impact business activities?
CMS Belgium For companies planning to extend their activities via a concentration or to participate in public procurement in the EU, it is essential to establish an internal process to gather information on any foreign financial contributions granted to each company of the group.
Dawn raids in the UK: how will increased investigatory powers affect businesses?
Gowling WLG Dawn raids continue to be a key means by which the CMA will seek to preserve and secure evidence in the context of investigations into suspected infringements of UK competition law.
Can AI engage in price fixing?
Quinn Emanuel Urquhart & Sullivan, LLP For competition policy, AI represents the newest frontier. Traditional competition frameworks are ill-suited to grapple with the unique dangers presented by AI-defined business strategy.
Rules of the road: what governments should know when considering digital market regulation
Baker Botts LLP The exponential growth of the digital economy has triggered a parallel rise in calls for regulation. Many countries have decidedly little experience in competition regulation and the experience they do have generally is in traditional segments that are far removed from digital platforms.
Q&A: Antitrust in the digital economy
Cascading digitalisation of the global economy has created many new markets with their own unique competitive dynamics. There definitely has been a gap between the stage that the digital economy has reached and the antitrust laws that are supposed to regulate the economy. FW discusses antitrust in the digital economy with David Cardwell at Baker Botts, Veronica Roberts at Herbert Smith Freehills LLP and Josh Buckland at Simpson Thacher & Bartlett LLP.
CONTRIBUTORS
Baker Botts
CMS Belgium
Compass Lexecon
Gowling WLG
Herbert Smith Freehills LLP
Latham & Watkins
McCarthy Tétrault LLP
Norton Rose Fulbright
Quinn Emanuel Urquhart & Sullivan, LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
WilmerHale