The Linklaters Podcast

Global Antitrust Enforcement Index 2024 // Antitrust & Foreign Investment

Global Antitrust Enforcement Index 2024

Global antitrust enforcement has rocketed post-pandemic, with steep rises in investigations, dawn raids and fines in recent years. 

But enforcement priorities have shifted. The last few years have seen considerable changes in the sectors and areas investigated, not to mention how antitrust investigations are conducted. 

Our 2024 publication breaks down the impact of this on companies (including penalty types, the role of leniency and the risk of private enforcement). It distills five key trends, based on the experience of our market-leading practices in Asia, Europe and the US, to help companies protect their business and respond to new risk areas.

To download a copy of the publication, visit our website.

Antitrust & Foreign Investment Legal Outlook 2024 // Antitrust & Foreign Investment

Antitrust & Foreign Investment Legal Outlook 2024 - A broader approach to competition

As 2024 draws near, undercurrents of economic and political pressure will continue to shape - and increase - competition regulation.

In our Antitrust and Foreign Investment Legal Outlook 2024, we explore the key global trends across antitrust enforcement, foreign investment screening, merger control review and more, with practical calls to action for your business to best prepare for the year ahead. You can download a copy, or listen to the audio version on the move.

To download a copy of the guide, visit our website.

Greening Competition? // Antitrust & Foreign Investment

Episode 5: Asia Bitesize Antitrust Podcast Series 2023

We are all in this together. Collective action by businesses could be a shortcut to accelerating progress for ESG goals. But when does legitimate cooperation cross the line into an antitrust risk area? Felicity McMahon from Allens’ in Sydney and Gilly Hutchinson, our Asia Head of ESG Regional Development, join Kathleen Gooi in discussing how competition law intersects with sustainability initiatives and sharing their insights into the approach taken by Asian antitrust regulators. Listen now to explore the role of competition law through the lens of pursuing sustainability goals as the countdown to COP28 begins

To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Merger Control and Foreign Investment Issues in M&A // Antitrust & Foreign Investment

Episode 4: Asia Bitesize Antitrust Podcast Series 2023

Dealmaking continues to become increasingly complicated with the ever-growing reach of antitrust regulators. How can investors best prepare for and navigate through a fast-moving environment? In this episode, Niranjan Arasaratnam, our Global Co-Head of TMT sector, joins Marcus Pollard to share their insights into the merger control and foreign investment issues you should consider in M&A transactions. Tune in to explore the practical tips for mitigating potential regulatory risks when doing M&A deals.

To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Southeast Asia Merger Control Updates // Antitrust & Foreign Investment

Episode 3: Asia Bitesize Antitrust Podcast Series 2023

Six out of ten ASEAN members already have active cross-sector merger control. With mature systems becoming more sophisticated and newer jurisdictions taking shape, it is time to get up to speed with what you should know when investing in the world’s most bustling region. In this episode, Linh Bui from Allens’ Ho Chi Minh City office and our Bangkok partner Sutthipong Koohasaneh join Marcus Pollard in bringing you the latest merger control trends in Southeast Asia. Diving into key antitrust jurisdictions such as Thailand and Vietnam, our experts share their insights on their distinctive characteristics and recent developments, as well as ASEAN’s information-sharing portal for merger reviews that might arrive as soon as this quarter. Come with us on our tour around Southeast Asia.

To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Digital Markets – Increasing Enforcement Focus in Asia // Antitrust & Foreign Investment

Episode 2: Digital Markets – Increasing Enforcement Focus in Asia

In this episode, Kathleen Gooi joins Sonam Mathur from TT&A and Sanghoon Shin from Bae, Kim & Lee LLC for a discussion on antitrust enforcement in digital markets in Asia, focusing on India and South Korea. Looking at the recent enforcement cases against tech players, our experts share their insights into the latest regulatory updates, signifying a tougher enforcement road ahead for the sector, and what’s next on the radar. Tune in and stay ahead of the emerging winds of change in the digital economy in Asia.

To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Vertical Agreements – Shifting Approach in Asia? // Antitrust & Foreign Investment

Episode 1: Asia Bitesize Antitrust Podcast 2023

Is the tide changing for antitrust enforcement relating to vertical agreements? We have witnessed a shift in the regulators’ appetite that puts vertical restrictions increasingly on the radar. Our experts discuss the latest vertical trends in Asia, including recent cases of resale price maintenance and exclusivity, zooming into Hong Kong SAR, mainland China and a brief tour of the region. Listen now and keep up with what you should take away from recent cases and the potential risk areas you should be cautious of to safely navigate these waters.

To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 7: South Korea

Episode 7 – South Korea

Sanghoon Shin from Bae, Kim & Lee LLC shares with Marcus Pollard the key antitrust updates in South Korea, following a series of key amendments made to the Monopoly Regulation and Fair Trade Act, including a new form of injunctive relief – a milestone development in Korean private antitrust enforcement. Following the theme of active enforcement actions in the digital economy continues across Asia, our experts share some predictions on the regulators’ approach to digital platforms regulation under the Yoon administration. Tune in and get up to speed with what you need to know as the next wave of changes comes in one of the largest Asian economies.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 6: Mainland China

Episode 6 – China

Fay Zhou and Arthur Peng discuss with Marcus Pollard about the key amendments made to China’s 14-year-old anti-monopoly law. Zooming into merger control, anti-competitive agreements, and penalties, our experts share their insights into the rationale and implications of the revisions, such as the introductions of a “stop-the-clock” mechanism for merger review, a safe harbour for vertical agreements and personal liability for substantive violations, to name a few. Listen now to stay on top of these exciting developments that transform the country’s competition law landscape and stay ahead of the compliance curve in ever changing times.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 4: Thailand

Episode 4 – Thailand

Conversations on ASEAN continue in this episode, where Marcus Pollard joins our Bangkok team, Sutthipong Koohasaneh and Sonya Kalnin to share their views on the enforcement focus of the Trade Competition Commission of Thailand – zooming into issues in the digital economy and updates on Thai merger control regime. Our experts on the ground share their insights on some distinctive characteristics of the regulator’s enforcement, against the backdrop of the ongoing consultations to enhance the country’s Trade Competition Act. Tune in and stay on top of the developments that keep the TCCT busy as Thailand has emerged as one of the key competition law jurisdictions in Asia.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 3: ASEAN

In this episode, Linh Bui from Allens’ Ho Chi Minh City office and Yolanda Hutapea from our formal association firm in Indonesia, Widyawan & Partners, joins Kathleen Gooi in bringing you an overview of the antitrust developments in the ASEAN region. Zooming into Vietnam, Indonesia, Malaysia and Singapore, our experts share their insights into the common themes antitrust regulators are actively looking at, including the anti-competitive conduct in the livelihood and digital sectors, as well as the notable features and trends of these very diverse merger control regimes. Listen now and get up to speed with the countries’ latest competition law landscape as they emerge as the key antitrust jurisdictions in Asia.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 2: India

In this episode, Sonam Mathur from TT&A shares with Marcus Pollard India’s recent antitrust trends and CCI’s strong enforcement focus in the digital sector which goes beyond big tech’s behavioural conduct and increasingly targets their use of consumer data. Our experts share their insights into the Competition Amendment Bill and how it will substantially modernise India’s competition law regime. Tune in and get up to speed with what you need to know about the exciting developments in India, the world’s most robust emerging market that is becoming investors’ new-found favourite.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 1: Hong Kong SAR

10 years after the adoption of the Competition Ordinance, we are witnessing an unprecedented surge of enforcement efforts by the Hong Kong Competition Commission. In this episode, our dispute resolution partner Andrew Chung joins Marcus Pollard and Kathleen Gooi to discuss the latest enforcement trends in Hong Kong and what they expect to come next. Our experts share their views on the most recent cases, including the HKCC’s commitments policy. Listen now and stay on top of what the city’s regulator has been eyeing and to ensure you are getting ahead of the compliance curve.

Foreign investment control in 2022 // Antitrust & Foreign Investment

Episode 5: Antitrust & Foreign Investment Outlook for 2022

2021 was a record year for FDI developments, with expectations that the current proliferation of regimes will continue at pace over the course of 2022. It is ever more important for parties to prepare thoroughly, including by having a detailed understanding of a target’s activities, and consider deal conditionality very carefully whilst watching out for the impact of politics on deals, particularly in hotly contested regional disputes.

Antitrust enforcement and key issues in 2022 // Antitrust & Foreign Investment

Episode 4: Antitrust & Foreign Investment Outlook for 2022

Competition authorities are slowly adjusting their rules to keep pace with on-line consumer rights, with businesses facing more guidance and consistency in their activities. In 2022 we anticipate agencies will start deciding on policy changes and putting them into practice. However, it’s still unclear how far-reaching (and useful) the changes will be for businesses considering collaborative sustainability initiatives with competitors.

Digital antitrust regulation in 2022 // Antitrust & Foreign Investment

Episode 3: Antitrust & Foreign Investment Outlook for 2022

As the world ‘builds back better’ from the pandemic, there has been a renewed push to ensure that markets function effectively. As a result, the lockdown-induced slowdown in enforcement activity has already come to an abrupt end. The tech sector in particular is under pressure, and it is a truth universally acknowledged that a tech giant must be in want of regulation. So reads the hymn sheet for 2022 for virtually every major antitrust authority, who consider them “largely unconstrained” by competition.

 

Merger control in 2022 // Antitrust & Foreign Investment

Episode 2: Antitrust & Foreign Investment Outlook for 2022

Deal making is facing new uncertainties, as acquisitions that can be perceived as stifling future competition are increasingly called-in for merger review, even in the absence of compulsory notifications. Regulators are reacting to a debate on alleged “underenforcement” – in particular, those known as ‘killer acquisitions’. In jurisdictions with a mandatory turnover threshold regime, residual call-in rights are seen as part of the solution to bridge the enforcement gap.

Outlook for 2022 // Antitrust & Foreign Investment

Epsiode 1: Antitrust & Foreign Investment Outlook for 2022

Listen to our Outlook for 2022 podcast, in which partners from across the globe discuss the most important developments and issues we expect to see in 2022. From key trends in merger control and antitrust enforcement to upcoming rule changes for tech businesses, sustainability initiatives and online sales, our expert team share their insights and predictions on some of the main challenges facing your business in 2022.

Applicable Law // Dispute Resolution

Episode 5: Competition Litigation Podcast Series

In the fifth episode, Tom Cassels and Jason Shardlow-Wrest discuss what ‘applicable law’ means, and how issues of applicable law might arise in competition litigation.

Asia Bitesize Antitrust Podcast // AFIG // Episode 7: Vietnam

In this episode, Linh Bui from Allens’ Ho Chi Minh City office is invited to join Marcus Pollard in discussing how the competition landscape in Vietnam has evolved over the recent years under the new law and what they anticipate to come next especially with a new competition enforcer to be established next year. Our experts share the notable features of the country’s current merger control regime and the practical issues to pay attention to in their experience. Listen now and stay on top of the exciting developments leading up to Vietnam’s emergence as a key antitrust jurisdiction on the rise in Asia.

Asia Bitesize Antitrust Podcast // AFIG // Episode 6: Indonesia

In this episode, our Jakarta-based partner Yolanda Hutapea shares with Kathleen Gooi the latest enforcement priorities of KPPU, the Indonesian antitrust regulator, following the extensive legal reforms under the Omnibus Law, and gives an update on KPPU’s increasing attention in the digital sector and new developments of the country’s post-notification regime including the creation of the largest tech group in Southeast Asia. Listen now and get up to speed with what you need to know when investing in ASEAN’s largest economy.

Asia Bitesize Antitrust Podcast // AFIG // Episode 4: Thailand

In this episode, our Bangkok-based partner Sutthipong Koohasaneh gives an update on Thailand’s merger control regime and shares with Kathleen Gooi about some of the most distinctive characteristics of the Office of the Trade Competition Commission’s enforcement, known to be active in both behavioural matters and merger control review, under the new Trade Competition Act. Listen now and get up to speed on what you need to know about the latest competition landscape in Thailand as it now emerged as one of the key competition law jurisdictions in Asia.

Asia Bitesize Antitrust Podcast // AFIG // Episode 1: The Asia Patchwork

Over the next 6 weeks we will bring you up to speed on the most recent antitrust and foreign investment developments in key Asia Pacific jurisdictions. To understand how it might impact your business operations and strategic next steps in the region, bookmark our dedicated webpage.

Asia Bitesize Antitrust Podcast // AFIG // Episode 2: Hong Kong SAR

Our Hong Kong competition specialists Kathleen Gooi and Marcus Pollard will give an overview of the key updates and enforcement trends in Hong Kong.

Asia Bitesize Antitrust Podcast brings you up to speed on the most recent #antitrust and #foreigninvestment developments in key APAC jurisdictions. To understand how it might impact your business operations and strategic next steps in the region, bookmark our dedicated webpage.