The global landscape is witnessing mounting concerns over market concentration, with a growing perception that certain businesses wield excessive power. Calls for antitrust laws to address broader goals such as fairness, employment protection, and support for small businesses are gaining traction.

Enforcers are responding by tightening merger control measures, employing unconventional theories of harm, scrutinizing excessive pricing practices, and intensifying scrutiny over data gathering and utilization.

Of particular focus is the gathering and utilization of data, with antitrust authorities increasingly examining its role in various markets. Regulators grapple with evaluating data as a potential barrier to market entry, its competitive significance, and assessing exclusionary conduct by market leaders regarding data access.

These concerns spark vigorous debates among regulators, legislators, and practitioners as regulatory frameworks strive to adapt to rapidly evolving technology. Authorities in Germany, France, Japan, Australia, Canada, and elsewhere have initiated studies or cases to explore the impact of data on competition.

Control over market dynamics is also tightening, with rising filing volumes, information requirements, and intervention levels across major jurisdictions, posing challenges for deal clearance. Companies must also be wary of procedural infringements, including gun-jumping, provision of incorrect information, and non-compliance with remedies, which carry significant consequences.

In Europe, the European Commission has expanded its scrutiny of mergers' impact on innovation, delving deeper into potential future competition in innovation spaces. This trend underscores the ongoing commitment to addressing innovation-related concerns in merger assessments.