2023 Regulatory Forecast: Antitrust & Competitors

The Federal Commerce Fee (FTC) and the US Division of Justice (DOJ) pursued aggressive antitrust and competitors enforcement agendas this previous yr and present no indicators of slowing down in 2023. Put together for the yr forward by reviewing our 2023 Regulatory Forecast for the antitrust and competitors house.

Click on the hyperlinks under to obtain a one-pager of takeaways for every space.

Antitrust & Competition | Merger Control: The Biden administration prioritized aggressive antitrust merger enforcement in 2022, particularly within the healthcare, labor, shopper and know-how sectors. Learn the way this pattern will proceed in 2023 because the FTC and DOJ increase their toolbox to problem transactions.

Antitrust Litigation: In 2022, the DOJ and FTC took boundary-shifting antitrust enforcement positions and proved they aren’t afraid to pursue novel authorized theories. The DOJ alone has extra open grand jury investigations and charged extra circumstances in 2022 than it has in many years. The DOJ and the FTC additionally requested historic price range will increase to assist their aggressive agendas. Extra assets imply extra regulators can be found to analyze and litigate alleged anticompetitive conduct. Discover out extra concerning the aggressive enforcement by the antitrust businesses and personal plaintiffs that’s anticipated to proceed in 2023.

Consumer Protection: Enforcement by the FTC, amongst different shopper safety regulators, was significantly vigorous in 2022 and the pattern is predicted to proceed in 2023. In gentle of the elevated regulatory deal with social media, advertising and marketing and promoting, companies ought to pay attention to the ever-evolving steerage on this realm. Learn concerning the proposed rulemaking and revisions on the horizon this yr.