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Generative AI
Artificial intelligence (AI) raises many intellectual property (IP) issues.
United States | Publication | March 2023
As shown in recent cases, parties successfully have fought off merger challenges in court when they can show that the government’s theoretical antitrust case is not supported by market realities. Demonstrating market realities is critical to both the government and the parties in antitrust merger litigation.
After taking the reins of the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ), the respective heads of the Biden-era antitrust agencies promised to more aggressively investigate and block transactions based on theories that more “accurately reflect modern market realities” and capture “the rich complexity of the modern economy.” But, in some cases, the agencies vigorously pursued this aggressive strategy even where the market realities did not support their theories. This approach undoubtedly achieved the agencies’ desired goal of thwarting many transactions where the parties did not have the appetite or resources to engage in yearlong antitrust investigations followed by complex litigation and appeals. However, as shown in recent cases, parties successfully have fought off merger challenges in court when they can show that the government’s theoretical antitrust case is not supported by market realities. Demonstrating market realities is critical to both the government and the parties in antitrust merger litigation.
Read the full New York Law Journal article, "Proving market realities is crucial in antitrust merger litigation."
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
In February, we reported on the Department of Energy Security and Net Zero’s confirmation that a UK Carbon Border Adjustment Mechanism (CBAM) would be bought into force by 2027
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In April 2024, the UK Government published details of its sustainable aviation fuel mandate (the UK SAF Mandate) and launched a consultation on proposals for a revenue certainty mechanism to support UK sustainable aviation fuel (SAF) production.
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