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.
