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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 17, 2021
On November 17, the Judicial Panel on Multidistrict Litigation selected by lottery the Court of Appeals for the Sixth Circuit to hear the 34 now-consolidated challenges lodged against OSHA's Emergency Temporary Standard (ETS) "vaccine-or-test" mandate. The Sixth Circuit will conduct further proceedings involving the various constitutional and other procedural and substantive challenges filed in the multiple circuits, presumably including ruling on petitioners' requests for a temporary and permanent injunction against implementation and enforcement of the ETS.
It is unknown presently whether the Sixth Circuit will entertain any motion to dissolve the stay ordered against the ETS by the Fifth Circuit. OSHA has stated it is complying with the stay.
As announced today, the ETS is also facing a challenge sponsored by all 50 Senate Republicans and 160 House Republicans under the Congressional Review Act (CRA). The CRA permits either or both Congressional chambers to pursue a joint resolution of disapproval which would invalidate the mandate if the resolution is passed by both the House and Senate and is signed by the President, or if Congress successfully overrides a presidential veto.
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.
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.
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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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