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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 2021
Federal OSHA has advised previously that employers can require the COVID-19 vaccination as a condition of employment. It has now released additional guidance for employers to clarify what this can mean in the real world.
Specifically, OSHA addresses the potential (albeit rare to date) of an employee who incurs an adverse reaction to a mandated vaccination. In such a situation, the reaction will be deemed "work-related."
The ultimate effect of this guidance is that if the adverse reaction involves days away from work, restricted work, transfer to another job or medical treatment beyond first aid, it will be considered a "recordable" incident. In other words, the reaction will be part of the record of serious work-related injuries and illnesses that OSHA requires most companies with more than 10 workers to maintain and make available to their employees.
By contrast, employers that simply recommend vaccination to their employees are not required to record an adverse reaction as work-related. OSHA notes that this distinction applies only if the vaccine is truly voluntary. Indeed, in this circumstance, OSHA states that, "[a]n employee who chooses not to receive the vaccine cannot suffer any repercussions from this choice."
It is also important to highlight that, under the OSHA guidance, an adverse reaction is not recordable even if an employee who was not required by the employer to be vaccinated still received the vaccine at work. The critical determination is whether the vaccination is a condition of employment.
See our other COVID-related guidance on our Health Law Pulse blog post, "COVID-19 Update: U.S. Centers for Disease Control and Prevention Updates Mask Guidelines."
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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.
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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