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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 | November 16, 2021
Today, Jonathan Kanter, President Biden's nominee to lead the United States Department of Justice's Antitrust Division was confirmed by the Senate, by a vote of 68 – 29. Kanter's confirmation was widely expected after a majority of the Senate Judiciary Committee voted to approve his appointment on October 28, 2021, during which he received support from both parties.
President Biden nominated Kanter for the position on July 20, 2021, describing him as "a leading advocate and expert in the effort to promote strong and meaningful antitrust enforcement and competition policy."
Kanter has practiced antitrust law for over two decades, during which he has been a high-profile critic of big tech and has advocated for increased antitrust enforcement against such companies. Kanter's confirmation continues the recent line of "progressive" antitrust advocates appointed by President Biden, which includes Lina Khan to chair the FTC and Tim Wu to serve on the National Economic Council.
Kanter was most recently in private practice at The Kanter Group, LLP, a boutique antitrust advocacy law firm he founded in 2020, and immediately prior he was the co-chair of the antitrust practice at Paul, Weiss, Rifkind, Wharton & Garrison LLP. He has also served as an attorney at the FTC's Bureau of Competition where he investigated and challenged several mergers.
Now that Kanter has been confirmed by the Senate, he is expected to take office immediately.
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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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