Chloe Budd’s Post

Some interesting questions coming out of the UK CMA’s full decision in the Microsoft/Inflection AI merger case. We previously wrote about the expansive approach to jurisdiction taken by the CMA in this case, finding the transfer of key staff (with collective know-how) to amount to a merger (or, under the UK’s test, ‘enterprises ceasing to be distinct’). The full text decision, published this week, provides further food for thought. Please see our Competition team's key takeaways below. Stephen Whitfield, Nigel Seay, Richard J Brown, Chloe Budd, Rosamund Browne #CMA #MergerControl #AI

The Competition and Markets Authority (CMA) in the U.K. has initiated an inquiry into several partnerships between major tech and AI firms, raising concerns about potential breaches of merger or competition regulations... #artificialintelligence #techREG #england #breaches 

Off the back of the CMA's FNTQ decision in Alphabet/Anthropic earlier this week, we've reviewed the key themes emerging from the CMA's review of several AI partnerships under its merger control powers and the implications for the UK's merger control regime, both in AI and beyond. A link to our blog post is below which also has a link to our detailed briefing note. 👇 Thoughts and comments always welcome. Vass Karadakova, Alexander Rickets, Ruth Allen (née Sander) and Kristien Geeurickx #competitionlaw #mergercontrol #ai #cma

Highly topical overview of the Competition and Markets Authority's approach to #AI partnerships under #mergercontrol. A very interesting read, as the CMA's approach to these cases has wider application to mergers outside the already fascinating AI sector. Thanks to my Herbert Smith Freehills colleagues Vass Karadakova, Christon Shenolikar, Alexander Rickets and Ruth Allen (née Sander). #antitrust #competitionlaw

How will US policy on #artificialintelligence change after Donald #Trump begins his second term, compared to his predecessor's? We will find out definitively when he takes office in two months, but there are remarks and information that help us make a guess. A consensus is that he will likely scale back regulations on businesses and foster a freer environment for #AI companies to develop systems and pursue mergers and acquisitions.  What does this mean for #SouthKorea 's ambition to become a global leader in AI, following the superpowers of the US and China within three years? Experts in South Korea tell MLex that the government of President Yoon Suk Yeol must intensify and expedite support measures for local companies, which are already fearful of falling behind in the global race. https://lnkd.in/g5pxy8u6

In his new blog J. Neely highlights the increasing complexity and extended timelines in M&A deals due to volatile macro-economic and geopolitical conditions, and stricter regulations. Companies must adopt flexible approach to deal planning, leverage generative AI, and ensure focus on Day 1 readiness to navigate these challenges. Read more about how companies can prepare for a more contested and prolonged deal-making process. #MandA #GenerativeAI https://lnkd.in/drBxZ6my

On July 16, 2024, the Competition and Markets Authority (CMA) announced the commencement of an investigation into Microsoft Corporation’s hiring of former employees of Inflection AI, Inc. and its associated arrangements with Inflection. This investigation aims to determine whether to proceed with a Phase 2 investigation under the Enterprise Act 2002. Key Details: - Investigation Commencement: The initial period for the investigation begins on July 17, 2024. - Decision Deadline: The CMA will announce its decision on whether to refer the merger for a Phase 2 investigation by September 11, 2024. This notice signifies the CMA's commitment to maintaining competitive practices and ensuring transparency in significant corporate transactions. Read the Full Notice here - https://lnkd.in/g7kyGFX2 Stay informed with the latest regulatory updates with Global Regulatory Insights! #CMA #Microsoft #InflectionAI #CompetitionLaw #MergersAndAcquisitions #RegulatoryUpdate #GRI

"Acqui-hires" - a new buzzword in the digital merger control space. Together with my colleagues Kyriakos Fountoukakos, Marcel Nuys, Anne Eckenroth and Kristien Geeurickx I have looked into the Federal Cartel Office's decision in the Microsoft/Inflection AI case that deals with "less traditional" concentrations. As all interesting decisions it answers questions as much as it raises new ones. #Antitrust; #Digitital #M&A #AI #Mergercontrol

Is AI the future of government contracting? Experts at the 2024 IT Vendor Management Office Summit discussed the potential of AI to streamline processes, but also the need for caution. Read more about the opportunities and challenges of using AI in government acquisitions: https://lnkd.in/d6ctGn_r

AI-powered data analysis tools are revolutionizing federal procurement by enhancing efficiency, transparency, and compliance. Agencies are already working towards leveraging these tools for more informed decisions and faster, successful procurements. Our latest POV explains how AI and human expertise can create a resilient, responsive procurement ecosystem and where we’re already taking advantage of these solutions. Read the full #POV: https://lnkd.in/dTQ3Khap #FederalAcquisition #AI #Innovation #AI.Impact #ArtificialIntelligence #GSA #AirForce #Acquisitions #Procurement #Digitaltransformation #strategiesforsuccess #efficiency #DoD