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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 | June 2018
ASIC recently undertook a surveillance of the retail OTC derivatives sector, which has an estimated annual turnover of $11 trillion and over 450,000 investors in Australia. ASIC has released Report 579 here in which it identifies sector-wide issues with certain practices, including:
ASIC has called on issuers to raise industry standards and improve compliance, including by:
ASIC placed particular focus on the developing market for cryptocurrency CFDs and the pricing volatility associated with fluctuations in the underlying assets and added leverage. ASIC stated that pricing and hedging risk from underlying cryptocurrency assets can also be challenging. Issuers that offer cryptocurrency CFDs, in ASIC’s view, need to make sure their clients understand the pricing and risks associated with these products. They also need to make sure they have adequate risk management frameworks and capital to deal with these risks.
ASIC plans to examine this area further as part of its ongoing focus on the sector. Accordingly, issuers would be well-advised to take proactive steps to address ASIC’s areas of concern.
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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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