2023 Regulatory Forecast: Antitrust & Competition – Antitrust, EU Competition

The Federal Trade Commission (FTC) and the US Department of
Justice (DOJ) pursued aggressive antitrust and competition
enforcement agendas this past year and show no signs of slowing
down in 2023. Prepare for the year ahead by reviewing our 2023
Regulatory Forecast for the antitrust and competition space.

Click the links below to download a one-pager of takeaways for
each area.

Antitrust & Competition
| Merger Control: The Biden
administration prioritized aggressive antitrust merger enforcement
in 2022, especially in the healthcare, labor, consumer and
technology sectors. Learn how this trend will continue in 2023 as
the FTC and DOJ expand their toolbox to challenge transactions.

Antitrust Litigation:
In 2022, the DOJ and FTC took boundary-shifting antitrust
enforcement positions and proved they are not afraid to pursue
novel legal theories. The DOJ alone has more open grand jury
investigations and charged more cases in 2022 than it has in
decades. The DOJ and the FTC also requested historic budget
increases to support their aggressive agendas. Additional resources
mean more regulators are available to investigate and litigate
alleged anticompetitive conduct. Find out more about the aggressive
enforcement by the antitrust agencies and private plaintiffs that
is expected to continue in 2023.

Consumer
Protection: Enforcement by the FTC,
among other consumer protection regulators, was particularly
vigorous in 2022 and the trend is expected to continue in 2023. In
light of the increased regulatory focus on social media, marketing
and advertising, businesses should be aware of the ever-evolving
guidance in this realm. Read about the proposed rulemaking and
revisions on the horizon this year.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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