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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
The Office of the Comptroller of the Currency (OCC) issued guidance (Bulletin 2023-37) (Bulletin 2023-37) on December 6, 2023, that applies to all national banks and federal savings associations concerning management of risk associated with “buy now, pay later” (BNPL) lending. While the stated aim of this guidance is to ensure that BNPL loans are offered in a manner that is safe and sound, the clear emphasis is on consumer protection in that the focus is on providing fair access to financial services, supporting fair treatment to consumers and complying with applicable laws and regulations.
Read “Office of the Comptroller of the Currency issues ‘buy now, pay later’ guidance to banks."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.
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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.
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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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