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Competition Outlook for 2019: Succeeding in uncertain times

Impact of technological change on Competition law
Dealing effectively with the challenge of rapid technological change, from a competition law perspective, requires companies to think deeply and plan ahead, to work closely and collaboratively with regulators to better understand the dynamic nature of their business and any impacts on competition and consumers, and to approach the issues in a creative, pragmatic and technology-savvy way

Fay Zhou headshot

 

Fay Zhou, Competition Partner, Linklaters Beijing
Technology is the great enabler, helping companies to grow, to be more inter-connected and to make lives easier. In this era of the ‘Internet of Things’, Artificial Intelligence (AI), Algorithms, Blockchain, and Big Data, are all dramatically changing the way in which we are able to communicate, live, learn and ultimately exchange goods, services and information.

To a greater or lesser extent, all companies today have a digital dimension to their business. For all of the benefits technology enables, it is also a force for uncertainty for businesses, governments and regulators. While enforcers are working to try to understand the links between technological advances and Competition law, the pace of change is running ahead of the authorities’ capacity and understanding of how to deal with it.
Amidst this storm of speculation around foreign investment control and issues of national security, in technology markets especially, as well as constantly shifting views on the role of regulators and governments, many agencies face the challenge of assessing whether the traditional antitrust framework is robust enough to regulate competitive behaviour or whether new forms of regulation or enforcement might be required.

Outlook 2019: Succeeding in uncertain times puts the impact of technology change in Competition law in context, deciphering what you need to know – and what you need to prepare for – to successfully navigate these topics in the years ahead.

Curb your anxiety: Antitrust issues that are not as bad as they seem

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Planning is Everything when it comes to Foreign Investment Control

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Scrutiny of foreign investment is nothing new although globalisation and digitisation have expanded the focus beyond traditional industries such as defence and infrastructure, to cover more sectors. But with proper planning and a better understanding of the issues before undertaking an investment, the likelihood of successful clearance can be greatly increased

Mehr erfahren Planning is Everything when it comes to Foreign Investment Control
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Preparing effectively and working collaboratively with authorities can go a long way in successful merger control

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Authorities are still grappling with the implications of new technology within merger control so there is huge potential (and pay-off) in working collaboratively through the deal process

Mehr erfahren Preparing effectively and working collaboratively with authorities can go a long way in successful merger control
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Technology works both ways when it comes to anti-competitive behaviours

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Technology works both ways when it comes to cartels. With greater frequency, sophisticated technologies can be used to enter into anti-competitive behaviours but also used by authorities to detect these
Mehr erfahren Technology works both ways when it comes to anti-competitive behaviours
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The challenges borne of digitisation affect everyone

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Digitisation and globalisation is on everyone’s agenda so that increased connectedness and awareness of the rules of compliance in the technology arena acts as both a sword and a shield
Mehr erfahren The challenges borne of digitisation affect everyone