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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.
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Australia | Publication | June 2020
On 11 June 2020, the Design and Building Practitioners Act 2020 (NSW) (Act) received Royal Assent. The Act is part of the NSW Government’s response to the Building Confidence report authored by Professor Peter Shergold AC and Ms Bronwyn Weir.
The Act delivers on the NSW Government’s commitment to better regulate the design and building sector and provide greater protections to consumers against defective building works, an issue which has received heightened political attention in the wake of recent incidents of defects discovered in apartment buildings across New South Wales.
Many of the reforms in the Act will commence on 1 July 2021 or on a date to be proclaimed, but the key statutory duty of care reform commenced on and from 11 June 2020.1
The Act introduces a number of important reforms to achieve these ends, some of which are set out below:
There are several aspects of the reforms which appear to be dependent on supporting regulations which will be introduced later this year. We will be providing a more comprehensive summary of the reforms after the supporting regulations are introduced.
Norton Rose Fulbright’s national construction and engineering team is one of the leading practices in the market. Asia Pacific’s preeminent companies choose our team for its transactional experts, project delivery service and highly specialist disputes practice and outstanding track record. Unlike many project teams, our experienced team provide an end-to-end service across the lifespan of construction and infrastructure projects, advising from front-end procurement strategy and contract negotiation and preparation, through to project delivery, claims and disputes. With deep experience advising on large-scale infrastructure, property, energy and resources projects, we offer clients a legal team with unrivalled strength as well as access to specialists in other areas including planning, environment, real estate and insurance. Should you require assistance on your projects, please feel free to reach out to a member of our team below.
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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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