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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.
Australia | Publication | September 2021
An interim report was released this month, providing preliminary observations on the independent review of the Banking Code of Practice (BCOP). The interim report can be read here.
The BCOP review has received 34 submissions, including one from this firm, and conducted approximately 60 initial consultation meetings with interested parties. We previously considered the recommendations submitted by the Consumers’ Federation of Australia (CFA) in relation to the BCOP review and how it may impact banks moving forward – please see our article here.
The interim report addresses a number of overarching themes and preliminary issues which have emerged from the BCOP review. Of particular interest are:
The ABA has invited comments on any of the matters raised in the interim report by 4 October 2021. The final report is due by the end of November 2021. Where the final report lands on the above issues will be important to many stakeholders – but the real question is whether the final report will satisfy all those stakeholders.
In the meantime, if you would like to know more about the BCOP review and how it could affect your organisation, please contact us.
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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.
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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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