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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Fifteenth edition highlights concerns about increasing litigation associated with an anticipated economic downturn
In global law firm Norton Rose Fulbright’s 2019 Annual Litigation Trends Survey, a majority of corporate counsel respondents said they foresee an economic downturn that will lead to a rise in disputes. Many companies, the survey found, have begun taking preventative steps to manage the increased risk posed by the growing number of disputes.
Most survey respondents fear that the extended economic recovery following the Great Recession will give way to a downturn, and the economic slowdown will lead to increased litigation, particularly in employment and labor as well as contract disputes.
The 2017 and 2018 editions of the Annual Litigation Trends Survey saw cybersecurity and data protection concerns coming to the forefront as a key challenge in dispute management. That trend escalates even more greatly this year, with respondents reporting an increase in data privacy disputes.
The number of in-house counsel who rated cybersecurity and data privacy as the most important litigation issue facing them doubled from 2018 to 2019. More than half of those surveyed (52 percent) feel more exposed than previously to such disputes.
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Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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