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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 | April 12, 2021
President Biden has nominated current Cal/OSHA Chief Doug Parker to serve as Assistant Secretary of Labor to head up federal OSHA. The position has been vacant since the inception of the current administration. Parker was appointed to his Cal/OSHA post in 2019. He served in prior US Labor Department roles during the Obama Administration and is widely considered a pro-worker ally. He served on the Biden Transition Team following the 2020 election.
Parker is one of the architects of the roundly-criticized Cal/OSHA COVID-19 Emergency Temporary Standard (ETS) which was unsuccessfully challenged in state court as both procedurally defective and substantively unnecessary. It remains an open question as to whether federal OSHA will continue to pursue its own COVID ETS. Despite the administration’s early signaling that one should be developed and strong union support, the Department of Labor appears to have tabled any action in light of the efficacy of existing standards and guidance, the COVID vaccination rollouts and OSHA’s largely futile efforts in seeking to implement emergency standards in prior circumstances.
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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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