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 area.

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 expertise sectors. Find out how this pattern will proceed in 2023 because the FTC and DOJ develop 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 instances in 2022 than it has in a long time. The DOJ and the FTC additionally requested historic funds will increase to help their aggressive agendas. Extra sources imply extra regulators can be found to analyze and litigate alleged anticompetitive conduct. Discover out extra in regards to the aggressive enforcement by the antitrust companies and personal plaintiffs that’s anticipated to proceed in 2023.

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