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1 How AI is saving billions of years of human research time | Max Jaderberg 19:15
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#294 Acquisitions or Not? Big Tech's Big Problems Investing in Artificial Intelligence
Manage episode 443925561 series 3001999
Content provided by Paula Bellenoit and American Bar Association. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Paula Bellenoit and American Bar Association or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
It's no secret that competition agencies in the U.S. and elsewhere have been scrutinizing Big Tech's efforts to acquire emerging players in the AI space. In this episode, Luis Blanquez of Bona Law, P.C., talks to co-hosts Alicia Downey and Anant Raut about how the enforcers' concerns are now extending to investments, licensing deals, and other types of transactions that fall outside merger clearance review. Will recently announced investigations into such transactions protect future rivals from Big Tech’s dominance or chill investments in AI technology innovation? Listen to this episode to learn about the effect these investigations may be having on not just the companies directly involved, but also venture capital investors and AI start-ups generally.
With special guest:
Luis Blanquez, Partner, Bona Law P.C.
Related Links:
- Mergers & Acquisitions, AI and Antitrust: The New Creative Ways for Big Tech to Enter the AI Market and Avoid HSR Rules, The Antitrust Attorney Blog (July 21, 2024)
- UK Competition and Markets Authority, AI Strategic update (April 29, 2024)
Hosted by:
Alicia Downey, Downey Law LLC and Anant Raut
338 episodes
ShareManage episode 443925561 series 3001999
Content provided by Paula Bellenoit and American Bar Association. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Paula Bellenoit and American Bar Association or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
It's no secret that competition agencies in the U.S. and elsewhere have been scrutinizing Big Tech's efforts to acquire emerging players in the AI space. In this episode, Luis Blanquez of Bona Law, P.C., talks to co-hosts Alicia Downey and Anant Raut about how the enforcers' concerns are now extending to investments, licensing deals, and other types of transactions that fall outside merger clearance review. Will recently announced investigations into such transactions protect future rivals from Big Tech’s dominance or chill investments in AI technology innovation? Listen to this episode to learn about the effect these investigations may be having on not just the companies directly involved, but also venture capital investors and AI start-ups generally.
With special guest:
Luis Blanquez, Partner, Bona Law P.C.
Related Links:
- Mergers & Acquisitions, AI and Antitrust: The New Creative Ways for Big Tech to Enter the AI Market and Avoid HSR Rules, The Antitrust Attorney Blog (July 21, 2024)
- UK Competition and Markets Authority, AI Strategic update (April 29, 2024)
Hosted by:
Alicia Downey, Downey Law LLC and Anant Raut
338 episodes
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Our Curious Amalgam
1 #336 What Are the Risks of Serial Acquisitions? Empirical Evidence From the Dialysis Industry 38:57
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Play Later Play Later Lists Like LikedThere is a growing interest in understanding the economics of serial acquisitions, particularly in the healthcare industries and markets, and whether such corporate strategies lead to changes in prices and quality causing antitrust concerns. What has been found in existing economic studies? Paul Eliason, Assistant Professor of Economics at Brigham Young University and co-author of a leading study on serial acquisitions focusing on the dialysis industry, discusses his observations and insights with Anora Wang and Derek Jackson. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition policy. With special guest: Dr. Paul Eliason, Assistant Professor of Economics, Brigham Young University Related Links: How Acquisitions Affect Firm Behavior and Performance: Evidence from the Dialysis Industry, Journal of Quarterly Economics Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Derek Jackson, Cohen & Gresser LLP…
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Our Curious Amalgam
1 #335 Are You Ready To Respond? Developments in Competition Law Dawn Raids 34:07
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Play Later Play Later Lists Like LikedThe "dawn raid" is one of the rare moments of high drama in the work of many competition lawyers. How can you be prepared when that early-morning phone call or text from a client comes? Ashley Latham, an antitrust and government investigations litigator with Linklaters LLP, joins Matthew Hall and Matt Reynolds for a discussion of current "dawn raid" trends in the U.S. and the European Union. Tune in to learn more about what questions to ask, what issues to raise, and what you can do to help clients prepare for when authorities come knocking. With special guest: Ashley Latham, Managing Associate, Linklaters LLP Related Links: https://competition-policy.ec.europa.eu/about/news/commission-fines-international-flavors-fragrances-eu159-million-deleting-whatsapp-messages-during-2024-06-24_en https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62023TJ0263 Hosted by: Matthew Hall, McGuireWoods London LLP and Matthew Reynolds, Huth Reynolds LLP…
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Our Curious Amalgam
1 #334 What’s the Word on Wage-Fixing? Cracking Down on Collusion Among Employers 27:35
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Play Later Play Later Lists Like LikedThe U.S. Department of Justice has made it clear that some agreements among competing employers regarding workers’ salaries or other terms of compensation--so-called “wage-fixing agreements”--may be subject to criminal prosecution. What kind of conduct falls within the scope of wage-fixing? In this episode, hosts Alicia Downey and Blair Matthews talk to Crowell & Moring partner and former senior DOJ prosecutor Ken Dintzer about the latest developments on the wage-fixing front, including the first criminal conviction for wage-fixing won at trial. Listen and learn what business enterprises and their counsel need to know about how to avoid wage-fixing violations in merger due diligence and integration planning, trade association activities, and salary survey participation. With special guest: Kenneth Dintzer, Partner, Crowell & Moring LLP Hosted by: Alicia Downey, Downey Law LLC and Blair West Matthews, Cleary Gottlieb…
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Our Curious Amalgam
1 #333 Is Antitrust Fashionable This Season? Antitrust in the Fashion Industry 38:58
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Play Later Play Later Lists Like LikedWhat happens when antitrust law meets high fashion? In this episode, experienced fashion and luxury industry counsel Andowah Newton, joins Jeny Maier and Puja Patel to unpack recent antitrust cases in the luxury and fashion industries. From the FTC’s challenge to Tapestry’s acquisition of Capri, to no-poach allegations involving Saks and major fashion houses, to tying claims against Hermès and its coveted Birkin bag, we explore how competition law is colliding with market definition, exclusivity, branding, and status. Listen in for insights on how antitrust enforcers—and the courts—are approaching consolidation, labor practices, and sales tactics in an industry where scarcity sells. With special guest: Andowah Newton Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Puja Patel, Cleary Gottlieb Steen & Hamilton LLP…
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Our Curious Amalgam
1 #332 What Is the Role of Behavioural Economics in Consumer Protection Enforcement? The UK’s New DMCC Act Regime 38:49
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Play Later Play Later Lists Like LikedThe UK's consumer protection regime changed early in 2025. How will behavioural economics be used by the UK Competition and Markets Authority (CMA) in applying the rules? Stefan Hunt, partner at Keystone Strategy in London, joins Matthew Reynolds and Matthew Hall to discuss previous consumer protection cases investigated by the CMA and the new regime under the Digital Markets, Competition and Consumers Act 2024. Listen to this episode to learn more about the application of behavioural economics to consumer protection enforcement and how companies should prepare. With special guest: Stefan Hunt, Partner, Keystone Strategy Related Links: Keystone, "The UK’s New Consumer Enforcement Regime: What evidence and analysis will be used by the CMA and how firms can respond" Keystone, "The Value of Behavioural Economics in Competition Litigation – Reflections Following Le Patourel vs BT", 10 April 2025 UK CMA speech, "The CMA's approach to the new consumer enforcement regime", 30 April 2025 UK CMA guidance, "The CMA’s approach to consumer protection", April 2025 UK CMA guidance, "Unfair commercial practices: Guidance on the protection from unfair trading provisions in the Digital Markets, Competition and Consumers Act 2024", April 2025 Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP…
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Our Curious Amalgam
1 #331 Wait, We Have to Tell Who? What You Need to Know About State Premerger Notifications 29:14
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Play Later Play Later Lists Like LikedState legislatures around United States have passed or are on track to pass legislation that requires parties to submit notice to the state attorney general or other state authority when certain transactions result in a material change in ownership. Why are states passing these laws and how are they affecting regulatory review of transactions? Axinn partner Lisl Dunlop joins hosts Alicia Downey and Rubin Waranch to discuss the expansion of state "mini-HSR laws" in detail. Listen to this episode to learn more about the ins and outs of the notice requirements and their interaction with the U.S. federal merger control regime. With special guest: Lisl Dunlop, Partner, Axinn, Veltrop & Harkrider LLP Related Links: Uniform Law Commission, Uniform Antitrust Pre-Merger Notification Act Hosted by: Alicia Downey, Downey Law LLC and Rubin Waranch, Cooley LLP…
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Our Curious Amalgam
1 #330 What's Happening in Paraguay and Costa Rica? Catching Up With International Enforcers at the 2025 Spring Meeting 24:00
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Play Later Play Later Lists Like LikedWhile on site at the 2025 Spring Meeting of the ABA Antitrust Law Section, the Our Curious Amalgam team recorded interviews with senior competition agency enforcers from all over the world, including Paraguay and Costa Rica. In the first segment of this episode, Alicia Downey interviews Commissioner Eduardo Barros of Paraguay's National Competition Commission (CONACOM). Following that, Matthew Reynolds speaks with Viviana Blanco Barboza, the president of the Costa Rica Commission for the Promotion of Competition (COPROCOM). Listen to this episode to hear what’s been happening in their respective agencies and what makes them happy outside of competition law. With special guests: Eduardo Barros, Commissioner, Comisión Nacional de la Competencia (CONACOM) and Viviana Blanco Barboza, President, Comisión para Promover la Competencia (COPROCOM) Related Links: National Competition Commission of Paraguay Commission for the Promotion of Competition of Costa Rica Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP…
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Our Curious Amalgam
1 #329 What's Happening in Hong Kong, the Philippines, and Japan? Catching Up With International Enforcers at the 2025 Spring Meeting 54:17
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Play Later Play Later Lists Like LikedWhile on site at the 2025 Spring Meeting of the ABA Antitrust Law Section, the Our Curious Amalgam team recorded interviews with senior competition agency enforcers from all over the world. In the first segment of this episode, Anora Wang speaks with Ellie Siu, Senior Legal Counsel of the Competition Commission of Hong Kong. Next Matthew Hall interviews Michael Aguinaldo, the Chairperson of the Philippine Competition Commission. And finally, Anora Wang checks in with Commissioner Reiko Aoki of the Japan Fair Trade Commission. You’ll hear what’s been happening in their respective agencies as well as a little bit about what makes them happy outside of competition law. With special guests: Ellie Siu, Senior Legal Counsel, Hong Kong Competition Commission, Michael Aguinaldo, Chairperson, Philippine Competition Commission, and Reiko Aoki, Commissioner, Japan Fair Trade Commission Related Links: Hong Kong Competition Commission Philippine Competition Commission Japan Fair Trade Commission Hosted by: Alicia Downey, Downey Law LLC, Anora Wang, Arnold & Porter Kaye Scholer LLP, and Matthew Hall, McGuireWoods London LLP…
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Our Curious Amalgam
1 #328 What Should I Know About Nigeria, South Africa, Egypt and COMESA? Developments in Key African Regimes 46:16
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Play Later Play Later Lists Like LikedMerger control and antitrust enforcement continues to develop rapidly in Africa. What is happening in the key jurisdictions of Egypt, South Africa, Nigeria and COMESA? John Oxenham, lawyer at Primerio, and Nicolas Bremer, lawyer at Bremer, join Matthew Hall to discuss developments. Listen to this episode to learn more about the status of African antitrust and merger control enforcement generally and these jurisdictions specifically. With special guests: John Oxenham, partner, Primerio and Nicolas Bremer, partner, Bremer Related Links: COMESA Competition Commission website ECOWAS Regional Competition Authority website Egyptian Competition Authority website The Competition Commission website (South Africa) Federal Competition & Consumer Protection Commission website (Nigeria) Hosted by: Matthew Hall, McGuireWoods London LLP…
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Our Curious Amalgam
1 #327 What's Happening in Germany and Portugal? Catching Up With International Enforcers at the 2025 Spring Meeting 36:20
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Play Later Play Later Lists Like LikedWhile on site at the 2025 Spring Meeting of the ABA Antitrust Law Section, the Our Curious Amalgam team recorded interviews with senior competition agency enforcers from all over the world, including Germany and Portugal. In the first segment of this episode, James Hunsberger interviews Andreas Mundt, the President of Germany's Federal Cartel Office (Bundeskartellamt) and Chair of the Steering Group of the International Competition Network (ICN). Next, Jeny Maier's speaks with Nuno Cunha Rodrigues, the President of the Portuguese Competition Authority (AdC). Listen to this episode to hear what’s been happening in their respective agencies and what makes them happy outside of competition law. With special guests: Andreas Mundt, President, Bundeskartellamt and Nuno Cunha Rodrigues, President, Autoridade da Concorrência Related Links: Federal Cartel Office of Germany (Bundeskartellamt) International Competition Network Portuguese Competition Authority (AdC) Hosted by: Alicia Downey, Downey Law LLC, James Hunsberger, Axinn, Veltrop & Harkrider LLP, and Jeny Maier, Axinn, Veltrop & Harkrider LLP…
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Our Curious Amalgam
1 #326 What's Happening in Italy and Greece? Catching Up With International Enforcers at the 2025 Spring Meeting 35:22
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Play Later Play Later Lists Like LikedWhile on site at the 2025 Spring Meeting of the ABA Antitrust Law Section, the Our Curious Amalgam team recorded interviews with senior competition agency enforcers from all over the world, including Italy and Greece. In the first segment of this episode, Jaclyn Phillips interviews Saverio Valentino, Board Member of the Italian Competition Authority. Following that is the conversation between Panos Dimitrellos and Hara Nikolopoulou, Vice President of the Hellenic Competition Commission. Listen to this episode to hear what’s been happening in their respective agencies, and what makes them happy outside of competition law. With special guests: Saverio Valentino, Board Member, Italian Competition Authority and Hara Nikolopoulou, Vice President, Hellenic Competition Commission Related Links: Italian Competition Authority Hellenic Competition Commission Hosted by: Alicia Downey, Downey Law LLC, Jaclyn Phillips, White & Case LLP, and Panos Dimitrellos, Secretariat Economists LLC…
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Our Curious Amalgam
1 #325 What’s Your POV? A Conversation With Former Italian Prime Minister Mario Monti at the 2025 Spring Meeting 31:44
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Play Later Play Later Lists Like LikedWhile on site at the Antitrust Law Section's 2025 Spring Meeting in Washington, D.C., Section Chair-Elect Renata Hesse interviewed Mario Monti, former prime minister of Italy (2011-2013), and European commissioner for competition (1999-2004). What does he think about the current state of international competition enforcement? What direction does he think the U.S. and Europe should take to improve their working relationship? Listen to this episode for a wide-ranging discussion about the past, present, and future of international cooperation in a geopolitically volatile era. With special guest: Mario Monti, Former Prime Minister of Italy (2011-2013) Related Links: The Trilateral Commission homepage Hosted by: Alicia Downey, Downey Law LLC…
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Our Curious Amalgam
1 #324 Is Green the New Black? Greenwashing and Consumer Protection in the Fashion Industry 29:28
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Play Later Play Later Lists Like LikedSustainability claims are everywhere in the fashion industry — but how can consumers tell what’s real and what’s greenwashing? Baker McKenzie attorneys David Baay and Katia Boneva-Desmicht join Jeny Maier and Puja Patel to discuss civil litigation in this space, as well as government enforcement efforts on both sides of the Atlantic, from the FTC’s Green Guides review to the European Commission’s Green Claims Directive. Listen to this episode to learn how fashion brands are navigating increasing legal scrutiny around environmental marketing. With special guests: David Baay, Partner, Baker McKenzie and Katia Boneva-Desmicht, Partner, Baker McKenzie Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Puja Patel, Cleary Gottlieb Steen & Hamilton LLP…
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Our Curious Amalgam
1 #323 What’s Happening in the EU? A Conversation With DG COMP Director-General Olivier Guersent at the 2025 Antitrust Spring Meeting 49:04
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Play Later Play Later Lists Like LikedThe 2025 Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with competition law enforcers from around the world. In this episode, host Matthew Hall asks Olivier Guersent, Director-General of the Directorate-General for Competition of the European Commission (DG COMP), about what’s been happening in the European Union since we interviewed him at the 2024 Spring Meeting. Listen and learn about DG COMP’s current and recent work and what competition law policy and enforcement trends the Director-General sees on the horizon. With special guest: Olivier Guersent, Director-General, Directorate-General for Competition, European Commission Related Links: European Commission DG COMP website 2024 Spring Meeting interview with Olivier Guersent 2023 Spring Meeting interview with Olivier Guersent 2022 Spring Meeting interview with Olivier Guersent Hosted by: Matthew Hall, McGuireWoods London LLP…
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Our Curious Amalgam
1 #322 Prices on Your Mind? Using Economics To Understand Inflation, Tariffs, and Junk Fees 26:43
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Play Later Play Later Lists Like LikedWe are seeing some swirling changes to the marketplace and international trade that affect prices of goods and services in our daily lives. How can economics help us cope and understand underlying concepts such as cost pass-through? Anne Catherine Faye, Vice President at Analysis Group, speaks to James Hunsberger and Anora Wang about inflation, tariffs, and junk fees, as well as her experience as the first economist to serve as Counsel to the Chair of the ABA Antitrust Section. Listen to this episode to see key antitrust issues on the horizon through an economic lens. With special guest: Anne Catherine Faye, Vice President, Analysis Group, Inc. Related Links: Robert A Ritz, Does competition increase pass-through? The RAND Journal of Economics, 55: 140-165 (2024) Jason Douglas et al., How Much Do Tariffs Raise Prices? The Wall Street Journal (Mar. 2, 2025) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and James Hunsberger, Axinn, Veltrop & Harkrider LLP…
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Our Curious Amalgam
1 #321 What Is Happening at the UK CMA? Impact of the Government’s New Approach 32:44
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Play Later Play Later Lists Like LikedThe UK government elected in 2024 has a "growth" agenda and is pushing regulators including the UK Competition and Markets Authority to support this. What does the approach mean for the CMA? Veronica Roberts, lawyer at Herbert Smith Freehills, joins Blair Matthews and Matthew Hall to discuss the wide range of recent announcements and proposals from the CMA and government. Listen to this episode to learn more about the CMA's future approach to enforcement of the UK merger control, antitrust, consumer protection and digital markets rules. With special guest: Veronica Roberts, lawyer, Herbert Smith Freehills Related Links: UK government policy paper, "New approach to ensure regulators and regulation support growth", 17 March 2025 UK Competition and Markets Authority, "Mergers: Evolving the CMA's approach", 12 March 2025 UK government consultation, "Strategic steer to the Competition and Markets Authority", 13 February 2025 UK Competition and Markets Authority blog post, "New CMA proposals to drive growth, investment and business confidence", 13 February 2025 Hosted by: Blair West Matthews, Cleary Gottlieb and Matthew Hall, McGuireWoods London LLP…
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Our Curious Amalgam
1 #320 What Can In-House Counsel Do To Tame the Premerger Notification Beast? Practical Suggestions for Complying With the New HSR Rules 33:41
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Play Later Play Later Lists Like LikedNew disclosure requirements for U.S. premerger notifications under the Hart-Scott-Rodino Act were announced in the fall of 2024 and became effective in February 2025. What are the practical implications of the new requirements for in-house counsel tasked with preparing for an HSR filing? In this episode, Matt Bester and Paul Covaleski of Accenture LLP talk to Alicia Downey and Matt Tabas about some concrete suggestions for accurately and cost-effectively identifying and assembling the newly-required information and documents. Listen and learn some tips that will be useful not only for in-house counsel but also outside counsel and firms of all sizes involved in reportable transactions. With special guests: Matthew J. Bester, Director of Competition Law, Accenture LLP and Paul Covaleski, Antitrust and Competition Counsel, Accenture LLP Related Links: Matthew J. Bester & Paul Covaleski, "A Practical Guide to the New HSR Form For In-House Counsel," Business Law Today (ABA Business Law Section, Mar. 27, 2025) Our Curious Amalgam Episode #297: "HSR You Kidding Me? Unpacking the New Requirements for Merging Parties in the U.S." (Oct. 28, 2024) Hosted by: Alicia Downey, Downey Law LLC and Matt Tabas, Arnold & Porter Kaye Scholer LLP…
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1 #319 Can We Define Overlapping Markets? Understanding the Legal and Economic Arguments 38:21
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Play Later Play Later Lists Like LikedMarket definition plays a central role in antitrust analysis. Is it appropriate for the U.S. antitrust agencies to identify "overlapping markets" and "submarkets" as relevant markets for antitrust purposes? Keith Klovers, Counsel at Latham & Watkins and former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, talks to Blair Matthews and Anora Wang about why, in his view, the concepts of overlapping markets and submarkets are unsupported by judicial law and economics. Listen to this episode to learn about the alternative approach to market definition that Keith and other practitioners believe are better suited for antitrust analysis. With special guest: Keith Klovers, Counsel, Latham & Watkins LLP Related Links: Keith Klovers & Jonathan Jacobson, The Overlapping Markets Fallacy, 86 Antitrust Law Journal No. 2 (ABA 2024) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Blair West Matthews, Cleary Gottlieb…
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Our Curious Amalgam
1 #318 How Hot Is Cartel Enforcement Around the Globe? Checking the Forecast for 2025 and Beyond 29:35
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Play Later Play Later Lists Like LikedCartel enforcement remains a priority for agencies around the world, but in recent years enforcers have continued to focus on domestic cases. With political and personnel changes in the U.S. and across the globe, what can we expect in 2025 and beyond? John Terzaken, Partner and Global Co-Chair of Simpson Thacher’s Antitrust and Trade Regulation Practice, joins James Hunsberger and Jaclyn Phillips to discuss his latest cartel enforcement forecast and what has changed since his 2022 forecast. Listen to this episode to learn more about likely enforcement priorities from the Trump DOJ and global agencies, including AI, ESG, labor markets, and public procurement. With special guest: John Terzaken, Partner, Simpson Thacher & Bartlett LLP Related Links: Simpson Thacher's 2025 Global Cartel Forecast Our Curious Amalgam #160: What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement’s Return to Global Scale in 2022 Hosted by: James Hunsberger, Axinn, Veltrop & Harkrider LLP and Jaclyn Phillips, White & Case LLP…
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Our Curious Amalgam
1 #317 Is Artificial Intelligence Putting Data Privacy at Risk?: A New Wave of Investigations in Europe 27:52
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Play Later Play Later Lists Like LikedThe AI revolution has arrived, with the recent debut of Chinese AI bot DeepSeek confirming that this is a global market. But what are the data privacy implications of the massive amounts of personal data that companies are collecting to train and deploy their AI models? Rory Macmillan, an expert in data protection and privacy law, joins Alicia Downey and Derek Jackson to discuss recent investigations by European enforcers into artificial intelligence companies. Listen to this episode to learn more about the analysis of AI under the GDPR and the issues that European regulators are grappling with. With special guest: Rory Macmillan, Partner, Macmillan Keck Related Links: European Data Protection Board Opinion on Privacy and AI Models: Hosted by: Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP…
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Our Curious Amalgam
1 #316 Does Taking Control of Your Health Mean Losing Control of Your Data? The Privacy Risks of Healthcare Apps 30:56
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Play Later Play Later Lists Like LikedMillions of us use mobile apps to help manage our physical and mental health and wellbeing. How well does existing law protect the private health data collected by these apps? In this episode, hosts Alicia Downey and Kelsey Paine talk to privacy and cybersecurity law expert David Turetsky about the issues posed by healthcare apps that collect sensitive data relating to a user's mental health, reproductive cycle, dietary habits, or fitness, to name only a few examples. Listen and catch up on U.S. federal and state enforcement challenges to app companies that engage in the unauthorized disclosure of personal health data, and how a changing legal landscape may be posing an increased threat to health data privacy rights. With special guest: David Turetsky, Professor of Practice, College of Emergency Preparedness, Homeland Security and Cybersecurity, SUNY Albany Related Links: David Turetsky, "Health Privacy: Identifying Some Key Issues" (Feb. 6, 2025) Hosted by: Alicia Downey, Downey Law LLC and Kelsey Paine, Baker Botts LLP…
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Our Curious Amalgam
1 #315 Are You In or Are You Out? Using Economics to Identify and Quantify Potential Class Members 29:17
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Play Later Play Later Lists Like LikedPrivate class action lawsuits play a significant role in the vindication and development of U.S. antitrust law. But what are attorneys and courts to do when they know there's an injured class, but are not quite sure who's in it and who's not? Tram Nguyen, Ph.D., an economist and Managing Principal at Edgeworth Economics, joins Alicia Downey and Matt Reynolds to discuss how economic analysis can help overcome issues with ascertaining class membership, particularly in the context of the pharmaceutical industry. Listen to this episode to learn more about not only the "ascertainability" requirement in class action litigation but also Tram's favorite beach destinations. With special guest: Tram Nguyen, Ph.D., Managing Principal, Edgeworth Economics Related Links: George Korenko & Tram Nguyen, Finding Uninjured Consumers In Drug Antitrust Class Actions George Korenko & Tram Nguyen, Lamictal and the Myth of “Generic” “Pay-for-Delay” Cases George Korenko & Tram Nguyen, Don’t Count Out Numerosity Hosted by: Matthew Reynolds, Huth Reynolds LLP and Alicia Downey, Downey Law LLC…
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Our Curious Amalgam
1 #314 A New Era for Private Antitrust Litigation in China? Impact of the June 2024 Judicial Interpretation of the Supreme People’s Court 40:33
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Play Later Play Later Lists Like LikedPrivate antitrust litigation has long been part of the landscape in China. What will be the impact of the Supreme People's Court latest judicial interpretation on the issue? Susan (Xuanfeng) Ning, lawyer at King & Wood Mallesons in Beijing, joins Matthew Hall and Anora Wang to discuss the background to the judicial interpretation and its likely consequences. Listen to this episode to learn more about this important development in Chinese antitrust law and practice. With special guest: Susan (Xuanfeng) Ning, lawyer, King & Wood Mallesons Related Links: King & Wood Mallesons article, "Interpretations of the "New AML": New Laws and New Challenges", July 2022 King & Wood Mallesons article, "Navigating through the PRC Private Antitrust Litigation - Highlights of the Judicial Interpretation on the PRC Private Antitrust Litigation issued by the Supreme People’s Court", December 2024 King & Wood Mallesons article, "Navigating China's Evolving Antitrust Litigation Landscape: Key Insights and Future Outlook", February 2025 PRC State Council Information Office press release, "China's top court releases judicial explanation on anti-monopoly litigation", June 2024 litigation PRC Supreme People's Court press release, "SPC issues new anti-monopoly judicial interpretation", June 2024 Hosted by: Matthew Hall, McGuireWoods London LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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Our Curious Amalgam
1 #313 Who’s Blocking Me? Competition Law Issues With Healthcare Information Blocking 38:09
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Play Later Play Later Lists Like LikedWhen it comes to your health, having digitized information available for seamless sharing across multiple healthcare providers and other stakeholders -- including patients themselves -- is a clear benefit. But can certain actors disrupt the goal of interoperability? David Schwartz, a healthcare-focused antitrust lawyer, joins Jeny Maier and Matt Tabas to introduce us to the challenge of healthcare information blocking and what avenues are available to enforcers to address this behavior. Listen to this episode if you're curious about how competition law principles play a part in ensuring that patients receive more effective care through seamless exchange of electronic medical records. With special guest: David Schwartz, Partner, Bryan Cave Leighton Paisner Related Links: Everson J, Patel V, Adler-Milstein J., Information blocking remains prevalent at the start of 21st Century Cures Act: results from a survey of health information exchange organizations 2015 Information Blocking Report HHS Assistant Secretary for Technology Policy (a/k/a the Office of National Coordinator) webpage on information blocking HHS ASTP/ONC webpage on information blocking exceptions Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Matt Tabas, Arnold & Porter Kaye Scholer LLP…
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Our Curious Amalgam
1 #312 What New Direction Will Europe Take? New Ideas and New Leadership at the European Commission 26:27
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Play Later Play Later Lists Like LikedHow is the European Commission rethinking its approach to competition policy and enforcement as new leadership takes the helm, including the appointment of Spain's Teresa Ribera as the European Commissioner for Competition? Alicia Downey and Subrata Bhattacharjee talk to John Davies, Senior Advisor at the Brunswick Group, about the changing landscape of EU competition policy and its implications for merger investigations and other proceedings. Listen to this episode to hear what effect these policy changes may have on firms in and outside the EU, and why the Scarlets are John's favorite Welsh rugby team. With special guest: John Davies, Senior Advisor, Brunswick Group LLP Related Links: John Davies et al., EU Merger Control - A New Era? (Brunswick Group Nov. 2024) - Upload attached article Ursula von der Leyen, Mission Letter addressed to Teresa Ribera Rodriguez (EC Sept. 17, 2024) Mario Draghi, The future of European competitiveness Part A, A competitiveness strategy for Europe (EC Sept. 2024) Mario Draghi, The future of European competitiveness Part B, In-depth analysis and recommendations (EC Sept. 2024) Hosted by: Alicia Downey, Downey Law LLC and Subrata Bhattacharjee, Borden Ladner Gervais LLP…
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Our Curious Amalgam
1 #311 What Will Happen to Competition Law Enforcement in Mexico? Implications of the November 2024 Reforms 32:47
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Play Later Play Later Lists Like LikedThe independent Mexican competition law regulator, COFECE, has been abolished and absorbed into the Ministry of Economics. What does this mean for merger control and competition law enforcement in Mexico? Lucia Ojeda Cárdenas, lawyer at SAI Law & Economics in Mexico City, joins Matthew Hall and Subrata Bhattacharjee to discuss this dramatic reform to the Constitution of Mexico. Listen to this episode to learn more about the timing of the changes, the structure of the new agency and implications for Mexican and foreign companies operating in the country. With special guest: Lucia Ojeda Cárdenas, partner, SAI Law & Economics Related Links: SAI memo November 2024, Bill to eliminate various autonomous constitutional agencies, including COFECE COFECE press release November 2024, Position regarding the approval of the reform on organic simplification COFECE position paper regarding the reform COFECE position paper regarding the transition to the new competition authority IFT position paper regarding the reform IFT position paper regarding the budget assigned by Congress Congress of the Union, Decree whereby various provisions of the Political Constitution of the United Mexican States are reformed, added, and repealed, in organic simplification matters Hosted by: Matthew Hall, McGuireWoods London LLP and Subrata Bhattacharjee, Borden Ladner Gervais LLP…
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Our Curious Amalgam
1 #310 What Do Enforcers Say? A Global Perspective on Antitrust Issues Involving Cloud Computing & Infrastructure 44:47
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Play Later Play Later Lists Like LikedRegulators around the world have raised antitrust concerns over concentrated control of key inputs into AI development and deployment, with access to cloud computing as one area of focus. What are the key concerns and proposed actions? A panel of experts from Argentina, Brazil, and the U.S. speak with Koren Wong-Ervin and Anora Wang on thoughts on the theories of harm, as well as possible efficiencies and benefits to various business arrangements and other conduct. Listen to this episode to hear from Gustavo Augusto Freitas de Lima (Commissioner of Brazil’s CADE), Alexis Pirchio (President of Argentina’s CNDC), Helder Agostinho (Deputy Assistant Director of the U.S. FTC’s Technology Enforcement Division), and Thomas DeMatteo (Chief Counsel on the U.S. Senate Judiciary Committee to Senator Mike Lee). With special guests: Gustavo Augusto Freitas de Lima, Commissioner, CADE Alexis Pirchio, President, CNDC Helder Agostinho, Deputy Assistant Director of Technology Enforcement Division, FTC Thomas DeMatteo, Chief Counsel on the U.S. Senate Judiciary Committee to Senator Mike Lee Related Links: Full Panel Discussion (Dec. 8, 2024) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Koren Wong-Ervin, Jones Day…
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Our Curious Amalgam
1 #309 Can You Click, Cancel, and Comply? How the FTC Is Unsubscribing Businesses From Deceptive Practices 20:11
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Play Later Play Later Lists Like LikedThe FTC’s new “Click-to-Cancel” rule is reshaping consumer protection and compliance in the subscription economy. But what challenges and opportunities does this regulation present for businesses? Panos Dimitrellos and Jaclyn Phillips explore these issues with guest Christi Lawson, partner at Foley & Lardner, discussing the rule’s legal, economic, and behavioral implications, as well as potential penalties for non-compliance. Listen to this episode to learn more about how this pivotal rule impacts businesses, consumers, and the broader regulatory landscape. With special guest: Christi A. Lawson, Partner, Foley & Lardner Related Links: Federal Trade Commission Announces Final “Click-to-Cancel” Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships Christi A. Lawson Hosted by: Panos Dimitrellos, Secretariat Economists LLC and Jaclyn Phillips, White & Case LLP…
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Our Curious Amalgam
1 #308 What Makes a Compliance Program Effective? The DOJ’s Updated Corporate Antitrust Compliance Program Guidance 34:53
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Play Later Play Later Lists Like LikedThe U.S. Department of Justice Antitrust Division recently updated its guidance regarding the division’s “Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations.” What are the key changes? In this episode, Alicia Downey and Anora Wang talk to Emma Burnham, Antitrust Division Director of Criminal Enforcement, about how prosecutors assess the effectiveness of corporate antitrust compliance programs against the backdrop of the increasing utilization of artificial intelligence and ephemeral messaging technology. Private practitioner Tee St. Matthew-Daniel of Paul Weiss joins the conversation with her insights on the elements of the updated guidance that companies and their antitrust counsel need to consider, as well as a preview of the Section's biannual Women's Antitrust Roundtable. With special guests: Emma Burnham, Director, Antitrust Division, Department of Justice and Tee St. Matthew-Daniel, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: U.S. Department of Justice Antitrust Division, Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Nov. 13, 2024) Antitrust Magazine Interview with Emma Burnham, Director, Antitrust Division, Department of Justice, Antitrust, Vol. 39, Issue 1, Fall 2024 (Dec. 13, 2024) Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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Our Curious Amalgam
1 #307 Will the Past Be the Future? Looking Back at 2024 and Forward to 2025 32:14
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Play Later Play Later Lists Like LikedHappy New Year to OCA listeners everywhere! Antitrust was a hot topic in 2024, and it's poised to get even hotter in 2025. In Our Curious Amalgam's year-end special episode, six of our regular hosts offer their perspectives on 2024's notable developments and trends in criminal antitrust enforcement, monopolization and merger challenges, international competition law, consumer protection, and data privacy. Listen to practitioners' insights regarding the emerging topics and themes of the coming year that will no doubt be featured in future OCA episodes. With special guests: Brendan Coffman, Wilson Sonsini Goodrich & Rosati, Matthew Hall, McGuireWoods LLP, James Hunsberger, Axinn, Veltrop & Harkrider LLP and Derek Jackson, Cohen & Gresser LLP Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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