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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.
Publication |
Winter 2015
Author: Maggie Burch
Over the last five to 10 years, arbitration has seen a gradual—albeit significant— increase in acceptance and use in the international community, with corporations and nation-states alike acknowledging it as the preferred method of cross border dispute resolution. More cases are being filed by more arbitrators, in more jurisdictions, for a variety of reasons. It’s a growth-trend worth noting. Not only is international arbitration (IA) becoming a more widely used practice, but it also has the legal field buzzing, prompting discussions between lawyers talking shop, articles like this being published, and the conduction of surveys on the subject. The common question raised is: What has recently changed to catalyze this increased acceptance and usage of IA, given that the practice itself is not so new?
The greater internationalization of the global economy is the most influential factor driving IA’s latest boom. Thanks to technological advances and the fact that globalization that shows no signs of waning, the result is a more interconnected world where forming a partnership across the world is no less convenient than one just across town. And inevitably, conflicts will arise out of these partnerships. IA is characterized by neutrality, enforceability of decisions, and autonomy by the participants, and it has proven a more practical option than litigation for resolving crossborder disputes in both commercial and investor-state cases.
Read the full article: Working it out
Video
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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