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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.
United States | Publication | March 2024
In Morgan v. Sundance in 2022, the US Supreme Court made clear that no special rules apply to a waiver of an arbitration provision.
Though the case was decided less than two years ago, it has already been cited hundreds of times at the federal district court level, by every circuit other than the US Courts of Appeals for the First and Federal Circuits, and by seven state supreme courts.
As evidenced by those citations, Sundance has had immediate ramifications in federal courts regarding whether a party has waived the right to arbitrate, but it may take time for its impact to be felt on other federal issues and in state courts—creating either unity in waiver analyses or differences in waiver law depending on whether a party's motion to compel arbitration is brought in state or federal court.
Read "Assessing two years of high court's arbitration waiver ruling."
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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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