Competition Outlook For 2021: Four Themes Towards A Fairer And Greener Future

By: Bella Spring  & Joost Dibbits (Linklaters)

2021 will give competition authorities the opportunity to take further stock of what the dramatic refocusing of 2020 means for antitrust and merger control enforcement. New commercial realities need new guidance. The acceleration in the digital transition means that action appears more urgent than before. And the global threat posed to our welfare by the pandemic has created a policy awareness rebooting long held beliefs.

It seems fitting that we do things a little differently for our annual predictions piece. This is the first time that we are presenting our Competition Outlook as a bitesize video series. We have also prepared an accompanying keepsake report.

Partners from our global team discuss four themes which will significantly affect businesses in 2021. These are: the impact of increased scrutiny as part of merger control and foreign investment reviews, the value of effective antitrust compliance amid heightened global enforcement and the role of competition law in the green recovery in 2021.

Tune in to our three calls to action, to enable you to make the most of the opportunities and overcome the challenges ahead.

1. Expect: continued growth of foreign investment controls globally

Accelerated by the pandemic, authorities continue to develop more stringent regimes, affecting deal timetables and transaction costs for businesses around the world. Tech and healthcare are the more obvious targets but other, maybe less obvious industries like transport, communications and media, are now in the agencies’ crosshairs.

In deal situations, it is crucial to assess whether the business of a potential target is considered sensitive, and in which jurisdictions. And to develop an understanding of the basic rules in the key jurisdictions in which your business is active to flag complications as early in the deal process as possible. Start the foreign investment risk assessment as early as possible in the transaction to avoid unpleasant delays…

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