TOPIC: COMPETITION LAW AND ANTITRUST – CHALLENGES FOR EUROPEAN GCS.

Antitrust legislation has never been as complex. Even with a multitude of digital solutions, the current climate has created a labyrinth that General Counsel must effectively navigate to ensure corporate success.

European General Counsel in particular are faced with evolving regulatory landscape and market trends. Adapting to the digital markets under the EU’s Digital Markets Act (DMA), navigating the complex merger control regime under the European Commission’s aggressive stance on merger reviews (especially in tech and pharmaceutical sectors), requires General Counsel to conduct meticulous due diligence and anticipate regulatory pushbacks. Amongst other things, the current period has also seen a rise in ‘killer acquisitions’ scrutiny, which demands a more nuanced approach to deal-making and strategic planning.

In addition, the geopolitical landscape has significantly influenced antitrust enforcement globally. The increasing tension between global economic powers has led to diverging antitrust policies and enforcement actions. This poses a challenge for multinational companies operating across these jurisdictions, requiring General Counsel to develop adaptable and region-specific compliance strategies.