2023 Regulatory Forecast - McDermott Will & Emery


The 2023 Regulatory Forecast outlines key regulatory developments and previews what to watch in the year ahead. We’re looking at top regulatory trends from the last year and how they will impact 2023 so that you and your business can be prepared.

Antitrust & Competition

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) pursued aggressive antitrust and competition enforcement agendas this past year and show no signs of slowing down in 2023. Prepare for the year ahead by reviewing our 2023 Regulatory Forecast for the antitrust and competition space.

Click the links below to download a one-pager of takeaways and watch the videos for each area.

Antitrust & Competition | Merger ControlThe Biden administration prioritized aggressive antitrust merger enforcement in 2022, especially in the healthcare, labor, consumer and technology sectors. Learn how this trend will continue in 2023 as the FTC and DOJ expand their toolbox to challenge transactions.

Antitrust LitigationIn 2022, the DOJ and FTC took boundary-shifting antitrust enforcement positions and proved they are not afraid to pursue novel legal theories. The DOJ alone has more open grand jury investigations and charged more cases in 2022 than it has in decades. The DOJ and the FTC also requested historic budget increases to support their aggressive agendas. Additional resources mean more regulators are available to investigate and litigate alleged anticompetitive conduct. Find out more about the aggressive enforcement by the antitrust agencies and private plaintiffs that is expected to continue in 2023.

Consumer ProtectionEnforcement by the FTC, among other consumer protection regulators, was particularly vigorous in 2022 and the trend is expected to continue in 2023. In light of the increased regulatory focus on social media, marketing and advertising, businesses should be aware of the ever-evolving guidance in this realm. Read about the proposed rulemaking and revisions on the horizon this year.

Data Privacy & Cybersecurity

This year is likely to see significant changes to the laws and regulations dictating how companies collect, store, use and transfer personal data. Regulators in both the United States and Europe are increasing their focus on how companies collect data and publicly disclose their privacy and cybersecurity practices. We may see more frequent enforcement actions and greater potential liability for companies in 2023 as a result.

Prepare for the year ahead by downloading our 2023 Regulatory Forecast: Data Privacy & Cybersecurity and watching the video below.

Government Contracts

The federal government issued several mandates and proposed rules in 2022, the effects of which will no doubt be seen across the industry in 2023. Developments and requirements related to organizational conflicts of interest, as well as greenhouse gas emission disclosures, Cybersecurity Maturity Model Certification, COVID-19 vaccination requirements and more have the potential to affect federal contractors of all shapes, sizes, experience and ownership structures.

Prepare for the year ahead by downloading our 2023 Regulatory Forecast: Government Contracts.