The Linklaters Podcast

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.

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.

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.

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.

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.

In the eighth episode, Haidee Barratt and Alex Hannington are joined by Oliver Latham from Charles River Associates to discuss the role of factual witness and expert evidence in competition claims, taking into account the BritNed decision and the recent CPR and CAT practice directions concerning the preparation of factual witness statements.

In this podcast, Toby Grimstone, Nick Le Masurier and Atish Shah take a look at the challenges faced by corporates and how creditors have reacted since the start of the Covid-19 pandemic. They discuss what the potential market trends in the crossover credit space are and their likely impact on future financings and/or restructurings.

In this podcast episode we discuss the Singapore's regulatory approach to non-financial misconduct and whistleblowing.

This episode features Singapore partners Peiying Chua (financial regulation), Laure de Panafieu (employment & incentives) and Jelita Pandjaitan (dispute resolution), and managing associate Duncan Campbell (contentious regulation, London).

For more detail, see our full publication reviewing the approach to non-financial misconduct and whistleblowing in 12 key jurisdictions.

In this short podcast, our Head of Hong Kong Employment & Incentives Samantha Cornelius joins Joshua Li, a Managing Associate within the team, in discussing the most typical questions being asked by employers when developing a staff vaccination policy for Covid-19 in Hong Kong SAR, including mandating of vaccines, the underlying legal risks and implications, and the collection of data on vaccination status.

In the seventh episode, James Hennah and Alice Shaw discuss disclosure and confidentiality in competition litigation.