Dive into our global webinar series to learn from industry-leading women at Epiq.
Regulatory enforcement agencies worldwide are changing their approach to assessing competition issues, including increased scrutiny of merger transactions and more sophisticated and coordinated tactics. Organizations need to set themselves up for success, and if faced with an investigation, they should use the best tools and partners to respond. Four prominent Epiq women leaders recently led discussions about the evolution of regulatory enforcement in the U.K., U.S., and Canadian markets, including how to prepare and respond. Check out our webinars and key takeaways to learn more.
Don’t have time to watch the recordings? See our key highlights below, including the differences we found within the U.K., U.S., and Canada.
KEY WEBINAR HIGHLIGHTS
Changes in Policy
“We are seeing identifiable patterns of increased activity and intervention by regulators worldwide, including heightened scrutiny of mergers and efforts to promote robust competition, as well as coordination among international regulators. Organizations should prepare for the unexpected.”
Emily Ware
Senior Account Director, Epiq
UNITED KINGDOM
Interventionist Approach
In the U.K., the CMA has taken a more activist stance. The European Commission formally opened a competition investigation into a merger below the standard threshold amounts where one of the parties previously had been involved in anti-competitive behaviour.UNITED STATES
Expanding Resources to Advance Policy Agenda
One of the significant changes to antitrust policy is the substantial increase in funding that the agencies will see due to the Merger Filing Fee Modernization Act. U.S. regulators will have increased resources to advance their policy agenda.CANADA
Uptick in Merger Litigation Challenges
There has been a recent uptick in litigation being brought by the Competition Bureau (for example, in relation to the Rogers/Shaw Communications Inc. merger, and the Secure Energy Services/Tervita Corporation decision).KEY WEBINAR HIGHLIGHTS
Preparing for the Future
“Now, more than ever, it’s critical that companies set themselves up for success by implementing sound competition frameworks and protocols that minimize their risks.”
Tiana Van Dyk
Managing Director, Canada, Epiq
UNITED KINGDOM
Dawn Raid Preparedness
Organizations should develop company-wide dawn raid communication plans and risk avoidance policies in preparation for unannounced inspections. They should also leverage AI models to identify areas of risk before the regulators arrive.UNITED STATES
Focus on Non-Traditional Data Sources and Emerging Legal Theories
Organizations should adopt strong document creation and retention policies, as regulators are increasingly asking for non-traditional data sources. They should also pay close attention to the current movement to integrate sustainability values into the antitrust equation.CANADA
Data-Driven AI Compliance
Organizations should leverage eDiscovery processes and AI in their compliance programs as regulators are generally moving towards a data-driven approach to compliance. They should also take advantage of the Competition Bureau’s recently launched compliance portal.KEY WEBINAR HIGHLIGHTS
Managing Increasing Data
“Organizations must have a well-defined process and policy to effectively preserve and collect data from non-traditional sources.”
Alys Williams
Senior Global Account Director, Epiq
UNITED KINGDOM
Data Volumes and Emerging Sources Exploding
The exploding volume of data, combined with the increase in regulatory scrutiny, introduces the ‘double whammy’ of more data and the likelihood of it being subject to discovery requests.UNITED STATES
Importance of Early Intelligence
Understanding what problematic conduct may be evident in the data earlier in the merger or litigation process is critical for all companies.CANADA
Developing a Systematic Approach to Discovery
Implementing eDiscovery processes and tools will help companies understand their data and ultimately speed up the process.KEY WEBINAR HIGHLIGHTS
Big Trends to Watch
"At Epiq, when we’re utilizing AI and other advanced analytics tools, we’re looking to drive as much efficiency as possible so that legal teams can quickly identify key documents and themes that will support their arguments to the regulators.”
Erin Toomey
Vice President and Managing Director, Global Investigations Practice Group Leader, Epiq
UNITED KINGDOM
Technology-Driven Solutions Are the Key
Organizations need to ensure they are always open and ready to leverage technology to help answer any unknown questions to find key documents and issues as quickly as possible.UNITED STATES
Staying Ahead of the Curve
Understanding that the interpretation of antitrust laws is changing rapidly allows organizations to appropriately work out how to use technology and AI to display proper information to their clients.CANADA
The Growing Importance of Compliance
With global regulators focusing on getting ahead of all issues and problems, organizations are preparing to use technology to their advantage and make sure that all compliance is overseen.Additional Panelists
Ilan Sherr
Executive Director, Aiscension, Legal Director, DLA PiperUnited Kingdom
Alicia Burns-Wright
Associate General Counsel, Competition and Regulatory, MetaUnited States
Alysha Manji-Knight
Partner, Competition, Antitrust and Foreign Investment Group, DaviesCanada
Jonathan Ford
Partner, Antitrust and Foreign Investment Group, LinklatersUnited Kingdom
Meytal McCoy
Special Counsel, Antitrust, Competition and Trade Group, FreshfieldsUnited States
Devin Persaud
Associate, Competition and Foreign Investment Group, GoodmansCanada
Ray Massie
Manager, EMEA Forensics & Investigations, EpiqUnited Kingdom
Douglas Jasinski
Counsel, Antitrust and Competition Group, White & CaseUnited States
Grant Stevens
Associate General Counsel, Parkland CorporationCanada
