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Antitrust & Foreign Investment

Legal Outlook 2023

Championing the consumer in challenging times 

2023 will be the year that global antitrust authorities implement and apply new tools designed to allow them to better support consumers in hard times. We expect to see authorities continuing to push the boundaries of established competition law and enforcement. Their top priority? Clamping down on anti-competitive practices by businesses under economic pressures, including in new areas like HR. 

Dealmakers will feel the pressure, with authorities finding new ways to scrutinise M&A deals: boosted merger control rules, burgeoning foreign investment control regimes and new subsidy controls equal more hurdles to plan for in 2023. 

Our Legal Outlook publication covers these hot topics and more, and gives 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.  

Scroll down to register your interest for our live webinar in January, where partners from our global team will share their further insights and answer your questions on what to expect in the year ahead.

What to expect in 2023

Amid all the macro uncertainty expected in 2023, one thing is certain: especially in difficult times, authorities want competition policy to drive the best outcomes for consumers. Businesses should actively prepare for heightened scrutiny of their business practices and M&A activity and public positioning on positive consumer impacts is vital.” 

Nicole Kar
Linklaters, Global Head of Antitrust and Foreign Investment

Click below for further insights from our global team


Antitrust agencies are sharpening their toolbox and gearing up to deploy their enforcement powers to the fullest so that competition works well across sectors even in challenging economic times.” 

Marcus Pollard 
Counsel, Hong Kong SAR

Parties should plan for the unexpected in 2023 – authorities are likely to remain interventionist in M&A, particularly in tech, healthcare and ‘green’ sectors.

Antonia Sherman
Partner, Head of U.S. Antitrust & Foreign Investment Group, Washington, D.C.

Companies acquiring distressed assets should be prepared to engage early with authorities where expedited clearance may be needed.

Neil Hoolihan
Partner, Brussels

How the Commission, would-be gatekeepers and other stakeholders implement and participate in the roll out of the DMA next year will shape the evolution of digital markets, with potential implications far beyond the EU.” 

Jonathan Ford
Partner, London / Dublin

2023 will be the year of long-awaited guidance for companies wishing to collaborate on genuine sustainability initiatives.” 

Charlotte Colin-Dubuisson 
Partner, Paris

Foreign investors can expect a more intensive standard of review in 2023 – particularly in targets involving sensitive technology, which remain a focus for controls.” 

Christoph Barth 
Partner, Düsseldorf

 

 

Antitrust & Foreign Investment
Legal Outlook for 2023



For a deep dive on the hot topics for 2023 and to find out what your business should be aware of next year,

For a deep dive on the hot topics for 2023 and to find out what your business should be aware of next year, download our Legal Outlook 2023 report

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AFIG Outlook PDF front cover

Listen to the content here

If you’d prefer to listen to the content from our Antitrust & Foreign Investment Legal Outlook 2023, you can access audio recordings here
Register your interest for our live webinar in January, where partners and counsel from our global team will share their further insights and answer your questions on what to expect in the year ahead
Click here

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