The Freshfields Podcast

Essential Antitrust #27: Some Key Takeaways from the Enforcers Roundtable at the 2023 ABA Antitrust Spring Meeting

At this year’s Spring Meeting hosted by the American Bar Association Antitrust Law Section in Washington, DC, antitrust and competition enforcers from the EU, UK, and US came together to share the latest in global antitrust enforcement and competition policy, as well as competition agencies’ collaboration, coordination, and goals for the coming year.

From digital markets and labor issues, to sustainability, and interlocking directorates, companies will want to continue monitoring the latest enforcement developments and guidance in these and other areas of priority for the agencies, all of which suggests another active year of antitrust enforcement around the world.

In this episode of Essential Antitrust, podcast host Jenn Mellott is joined by partner Ninette Dodoo, co-moderator of the Enforcers Roundtable, to talk about the key themes and topics discussed, what the enforcers shared about recent developments and future goals, and what companies can best do to be prepared for another year of active antitrust enforcement. 

MedTech Diversity and Inclusion – A Conversation with Jhaymee Tynan

In this episode of our MedTech podcast series, Freshfields Partner Vinita Kailasanath and Jhaymee Tynan, Principal, Healthcare Services at Korn Ferry, and author of Inclusive Sponsorship: A Bold Vision to Advance Women of Color in the Workplace, discuss MedTech trends they are tracking, inclusivity in MedTech, and approaches that MedTech companies can take to bridge health disparities.

Episode #1: The EU’s Corporate Sustainability Due Diligence Directive– a turning point for business

In this first episode of our new EUnpacked podcast series that will look to dive into key hot topics being tackled in Brussels, podcast host Natalie Pettinger Kearney is joined by Léa Bareil (Brussels) and Marlen Vesper-Gräske (Hamburg) to talk about how the EU’s sustainability agenda continues to evolve and how the new proposed due diligence rules are crucial for business.

Essential Antitrust Asia #8: Hot topics in China antitrust

In this episode of our Essential Antitrust Asia, Freshfields’ senior associate Laurent Bougard speaks to Ninette Dodoo, a partner of the firm’s Beijing office and head of the China antitrust team, as well as Hazel Yin, an antitrust partner of RuiMin Law Firm in China.

Topics discussed by our speakers include:

• Latest development in China’s antitrust regime and enforcement trends;
• China’s national security review regime, and lessons from recent cases; and
• Practical tips when doing business in China.

Tax Matters: Ready, Steady, Growth – Business tax implications of the UK Spring Budget 2023

The UK Chancellor of the Exchequer, Jeremy Hunt, has delivered the Spring Budget 2023.

Following the instability experienced in the UK in recent months, it was a relief to many to see the Office for Budget Responsibility (OBR) confirm that ‘the economic and fiscal outlook in the UK has brightened somewhat’ since the Autumn Statement 2022 was delivered last November.  That is not to say, though, that the UK economy was given a clean bill of health: the OBR also recognised that ‘weak underlying momentum’ remained, fuelled by high gas prices, stagnating business investment, rising labour market inactivity and slowing productivity growth.  Against that background, it is perhaps no surprise that the Chancellor used this Spring Budget to introduce a range of measures – some headline-grabbing, others more subtle – designed to bring about ‘long term, sustainable, healthy growth’.

In our latest podcast, London Tax partners Helen Buchanan and Paul Davison and London Tax senior associate Josh Critchlow discuss some of the business tax measures they found the most noteworthy in the Spring Budget 2023, including:

• Confirmation that the increase in the main rate of corporation tax from 19% to 25% from 1 April 2023 will go ahead as planned;
• The introduction of new full expensing capital allowance rules giving companies a 100% first-year allowance for capital expenditure on main rate assets over the next three years;
• Further changes to the research and development (R&D) tax relief regime, including additional relief for R&D intensive SMEs and a delay to previously-announced restrictions on R&D relief for overseas expenditure;
• Confirmation that proposed changes to the scope of sovereign immunity from direct tax will not go ahead;
• A range of amendments designed to ‘fix’ elements of key UK business tax regimes, including the corporate interest restriction and the qualifying asset holding companies regime;
• Various steps aimed at supporting the energy transition, including proceeding with the previously-announced decarbonisation allowance in the Energy Profits Levy and bringing forward new measures on carbon capture, usage and storage; and
• Reforms to pension tax thresholds, including the unexpected abolition of the Lifetime Allowance.

Essential Antitrust #26: Foreign subsidy control: EU gears up to review deals and business conduct

The EU has a brand new tool to police subsidies from non-EU governments. It gives the European Commission power to review M&A deals and public procurement bids, as well as initiate investigations. Companies potentially affected need already now to set up internal information gathering, and to factor the new rules into deal feasibility assessments and timelines. 
 
In this episode, podcast host Jenn Mellott is joined by partner Merit Olthoff and counsel Lorand Bartels to talk about the situations in which these new subsidy control rules come into play, how they relate to the EU's existing WTO obligations, and how businesses can best prepare.

Essential Antitrust #25: Antitrust in 2023: 10 key themes - growing unpredictability and brand new enforcement tools

In 2023 antitrust enforcement will continue to respond to calls for it to do more to address a range of global crises and social concerns. Authorities are being given enhanced powers and new tools, and are tackling novel kinds of cases, which is significantly increasing unpredictability.

In this first episode of 2023, podcast host Jenn Mellott is joined by partners Jamillia Ferris (Washington, D.C.), Sharon Malhi (London) and Tone Oeyen (Brussels) to talk about our antitrust forecast for the months ahead, and to identify the most crucial issues for businesses to watch in the coming year.

MedTech - A Conversation with Stacy Hostetler

In this episode of our MedTech podcast series, Freshfields Partner Vinita Kailasanath and Stacy Hostetler, Co-Leader of Egon Zehnder’s Medical Technology Practice discuss the convergence between tech and life sciences, diversity in the industry ecosystem and whether you should have a sponsor or a mentor.

Essential Antitrust #24: Cartel enforcement is back: dawn raids in Europe and new targets in the US

Over the past several years, cartel enforcement actions appear to have been on the decline. Despite this, antitrust enforcers have made clear that they have no intention to ease up enforcement efforts and, in fact, have indicated a renewed commitment to aggressive enforcement – as illustrated by a recent spike in dawn raids, including of private homes, in Europe and several initiatives by the Biden Administration in the US.

In this latest episode of our Essential Antitrust podcast our host Jenn Mellott is joined by Ramya Arnold, senior associate in London, Dominic Divivier, senior associate in Duesseldorf, and Angela Landry, counsel in Washington DC and Silicon Valley, to discuss what enforcers in Europe and the US are focused on in their pursuits.

MedTech - A Conversation with Gloria Seibert

In this episode of our MedTech podcast series, Freshfields partners Vinita Kailasanath and Theresa Ehlen sit down with Gloria Seibert – Founder and CEO of Temedica – to discuss the future of digital health innovations and to reflect on Gloria’s own experiences as a founder and entrepreneur in the MedTech industry.