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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 | November 8, 2021
On November 6, 2021, the Fifth Circuit Court of Appeals granted a nationwide stay of the Occupational Health and Safety Administration (OSHA)'s Emergency Temporary Standard (ETS) vaccine-or-test mandate that was issued on November 5, 2021. The court granted the nationwide stay due to "grave statutory and constitutional issues" with the mandate.
The emergency stay was requested by numerous petitioners, including the Attorneys General for the states of Texas, Louisiana, Mississippi, South Carolina, Utah and several private entities. The federal government must respond to the petitioners' motion for a permanent injunction by 5:00 pm today, to which petitioners may file their reply brief by 5:00 pm tomorrow, Tuesday, November 9, 2021.
Until the courts provide further notice, employers need not begin enforcing OSHA's vaccine-or-test mandate.
Special thanks to law clerk Michelle Avidisyans (Los Angeles) for her assistance in the preparation of this content.
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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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