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18 January 2018
Issue: 7777 / Categories: Legal News , Competition
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Crystal ball on competition

The trend for competition law to be used as a ‘catch-all tool’ for other types of bad behaviour is likely to continue in 2018, Linklaters lawyers have predicted.

The firm identifies this as the first of its ‘eight global competition predictions’ for the year ahead. However, it warns that attempts to push the boundaries of competition law risk undermining its clarity and rigour. Linklaters partner Nicole Kar said: ‘Authorities experimenting with antitrust as a quick-fix to patch over gaps in, say, fiscal or social policies may actually be doing more harm than good.’

Second on the list is authorities such as the European Commission using ‘innovation based’ theories of harm. This refers to claims that companies rein back investment and stifle innovation in order to hold onto market share.

Third, Linklaters predicts that competition authorities will come under increasing pressure to intervene more aggressively. It points to a growing perception in the public policy sphere that merger control has become too permissive.

Issue: 7777 / Categories: Legal News , Competition
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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