Belied by low fine totals, all signs point to a continuation of aggressive antitrust enforcement worldwide. Rather than returning to an international focus, enforcement in the U.S. and abroad remains primarily domestic, but is expanding through the use of new detection tools, novel legal theories and, in some jurisdictions, increased penalties for violations. The result is a murky path for companies attempting to navigate an intensifying enforcement environment while also combating economic challenges such as labor shortages and record inflation.
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Trends to Watch For
Leniency in Limbo
With leniency applications plummeting worldwide since 2015 (OECD), signs point to applications around the world remaining low as new changes to leniency programs across numerous jurisdictions take shape.
An Expanding Detection Toolkit
Enforcers across jurisdictions are shifting their focus to methods such as bid-screening and algorithmic tools to generate case leads as they turn an eye to collusion in the supply chain and the investigation of pandemic era and post-pandemic recovery efforts.
New Areas of Enforcement
Regulators globally are scrutinizing a broader range of conduct and testing new legal theories, reviving criminal enforcement of monopolization and delving into enforcement related to labor markets, digital markets and environmental, social, and governance (ESG) initiatives.