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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 | December 7, 2021
The U.S. Court of Appeals for the Seventh Circuit heard oral argument on September 14, 2021, in Cothron v. White Castle System, Inc.,1 a case that has the potential to convert a violation of the Illinois Biometric Information Privacy Act2 (“BIPA”) into a business-shuttering offense – without any demonstration of actual injury to the plaintiff. While the case raises substantial equitable and constitutional questions, which were addressed in the briefing submitted by White Castle and its amici, the oral argument focused largely on whether the Seventh Circuit should address the issue before it or, instead, certify the question to the Supreme Court of Illinois.
The latter proposition has many businesses feeling anxious because the last time the Illinois Supreme court considered a major question regarding BIPA’s construction, it adopted a broad reading that opened the floodgates to class action litigation under the statute. For businesses with operations in Illinois that use biometric technology, this case is an important one to watch.
Download the full Privacy & Cybersecurity Law Report, "Seventh Circuit Court of Appeals weighs asking Illinois Supreme Court to resolve construction of the Biometric Information Privacy Act."
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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.
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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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