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ShareManage episode 463344467 series 3001999
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Regulators 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).
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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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Our Curious Amalgam
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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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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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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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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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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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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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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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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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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1 #306 How Do I Make a Competition Law Complaint in India? A Practical Discussion About Approaching the CCI 43:27
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Play Later Play Later Lists Like LikedIndia is now one of the most important competition law jurisdictions in the world. With direct court action against anti-competitive practices not an option, how can a third party seek to persuade the Competition Commission of India to become involved? Abir Roy, partner and co-founder of Sarvada Legal, joins Matthew Reynolds and Matthew Hall to discuss the underlying rules and practical issues involved in bringing an information (complaint) before the CCI. Listen to this episode to learn more about precedent cases, the evidence required, the various stages of an investigation, timeframes, confidentiality, remedies, the availability of compensation and other issues involved in this area. With special guest: Abir Roy, partner and co-founder, Sarvada Legal Related Links: Order in Alphabet/Google case 2022 Order in Alphabet/Google case 2024 Competition Commission of India webpage (Filing of Information) Competition Commission of India press release (Meta fine) Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP…
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1 #305 Is It Fair? The FTC’s Policies and Enforcement Actions on Unfair Methods of Competition Under Section 5 32:51
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Play Later Play Later Lists Like LikedThe FTC's unfair competition enforcement policy under FTC Act Section 5 has frequently been in the headlines the past two years. What is the history of Section 5 enforcement and how has the Commission utilized this tool since issuing its 2022 Policy Statement on unfair methods of competition? Hosts Jeny Maier and Sergei Zaslavsky explore the many aspects of Section 5 unfair competition enforcement with guest Dan Graulich. Listen to this episode to learn about the past, present, and potential future of the FTC's unfair competition enforcement policy. With special guest: Daniel Graulich, Baker & McKenzie LLP Related Links: FTC 2022 Policy Statement The FTC's Section 5 Initiatives: Where Things Stand Under the Biden Administration Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Sergei Zaslavsky, O’Melveny & Myers LLP…
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1 #304 Is Per Se Here to Stay? Criminal Antitrust Cases Beyond United States v. Brewbaker 27:02
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Play Later Play Later Lists Like LikedIn the U.S., so-called "per se" antitrust crimes require nothing more than proof that the conduct occurred, relieving prosecutors of the difficult job of proving harm to competition. Is the Fourth Circuit's 2023 opinion in U.S. v. Brewbaker part of a growing judicial trend toward limiting the prosecution of per se cases? Ann O'Brien, the co-leader of Sheppard Mullin’s Antitrust and Competition Practice Group, joins Alicia Downey and Brendan Coffman to talk about Brewbaker and its implications for applying the per se standard in criminal antitrust actions. Listen to this episode to hear about whether the rule of reason might be applied in the criminal context and the U.S. Department of Justice’s possible responses to a changing legal landscape. With special guest: Ann M. O'Brien, Partner, Sheppard Mullin Richter & Hampton LLP Related Links: Ann O’Brien & Emme Tyler, “Chipping Away at Per Se: Is Brewbaker a Harbinger or Aberration?” ABA Antitrust Law Section Committee Articles (June 6, 2024) United States v. Brewbaker, 87 F.4th 563 (4th Cir. 2023) United States v. Brewbaker, Petition for a Writ of Certiorari of the United States, No.23-1365 (S. Ct. June 28, 2024) Hosted by: Alicia Downey, Downey Law LLC and Brendan Coffman, Wilson Sonsini Goodrich & Rosati…
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1 #303 You’re Charging Me How Much? A Discussion of Personalized and Surveillance Pricing 25:55
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Play Later Play Later Lists Like LikedWith the greater availability of data and algorithms, firms in today's digital age are increasingly generating prices or price recommendations based on individual consumers' personal characteristics and behaviors. Does this benefit or harm consumers, and how should policymakers respond? Sanjog Misra, a Professor of Marketing and Applied AI at the University of Chicago and thought leader on personalized pricing, joins Sergei Zaslavsky and Rubin Waranch to discuss competition and consumer protection perspectives on personalized pricing, as well as policy implications and lessons still to be learned. Listen to this episode to learn more about how economists think about personalized pricing and considerations that may influence regulators and lawmakers grappling with this increasingly prevalent practice. With special guest: Sanjog Misra, Charles H. Kellstadt Professor of Marketing and Applied AI, The University of Chicago Booth School of Business Related Links: Personalized Pricing and Consumer Welfare FTC Issues Orders to Eight Companies Seeking Information on Surveillance Pricing Hosted by: Sergei Zaslavsky, O’Melveny & Myers LLP and Rubin Waranch, Cooley LLP…
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1 #302 Are the Critics Wrong? How the Robinson-Patman Act Has Been Misunderstood by Its Detractors 28:30
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Play Later Play Later Lists Like LikedThe Robinson-Patman Act (RPA) has a long, controversial history within U.S. antitrust law and economics. In this episode, Mark Poe, an attorney who specializes in RPA litigation, discusses the RPA with hosts Puja Patel and Aaron Yeater. Mark and the hosts explore Mark's view that traditional critics of RPA are incorrect, which he first presented in a recent article in Antitrust Magazine. With special guest: Mark Poe, Partner, Gaw Poe LLP Related Links: Mark Poe The Critics Are Wrong: How the Robinson-Patman Act Has Been Misunderstood by Detractors Hosted by: Puja Patel, A&O Shearman US LLP and Aaron Yeater, Analysis Group, Inc.…
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1 #301 Are Airline Mergers Taking Off? Economic Analyses of the Recent U.S. Passenger Airline Transactions 38:39
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Play Later Play Later Lists Like LikedThe U.S. passenger airlines have been active in mergers and acquisitions since last year or so, with the Alaska/Hawaiian acquisition, the failed JetBlue/Spirit merger, and more being proposed. But how are these deals and airline competition in general analyzed from an economic perspective? Dr. Gautam Gowrisankaran, Professor of Economics at Columbia University and Senior Advisor at Cornerstone Research, speaks with Anora Wang and Kelsey Paine on market definition, calculation of market share, entry, and beyond. Listen to this episode to learn how economic analyses lay out in specific airline transactions. With special guest: Dr. Gautam Gowrisankaran, Professor of Economics, Columbia University; Senior Advisor; Cornerstone Research Related Links: Chris Bruegge, Gautam Gowrisankaran, & Alex Gross, A Policy Function Approach to Price Effects: an Application to the JetBlue-Spirit Merger (Nov. 13, 2024) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Kelsey Paine, Baker Botts LLP…
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1 #300 What’s on the Radar? Legal and Regulatory Analysis of Airline Mergers in the U.S. 42:03
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Play Later Play Later Lists Like LikedThe U.S. passenger airlines have seen waves of active mergers and acquisitions including in 2009 through 2013 and again recently since 2023. But who is involved in the legal and regulatory reviews of an airline merger? Courtney Dyer of O'Melveny and David Heffernan of Cozen O'Connor, both with extensive experiences guiding airlines through regulatory processes, speak to Kelsey Paine and Anora Wang about their deal experiences and insights. Listen to learn about origin-destination pair, route overlap, recent matters including the Alaska Airlines' acquisition of Hawaiian Airlines completed in September 2024, and beyond. With special guests: Courtney Dyer, Partner, O'Melveny & Myers LLP and David Heffernan, Chair of Transportation & Trade, Cozen O'Connor P.C. Related Links: 1. DOJ Press Release Regarding DOJ-DOT Joint Inquiry into the State of Competition in Air Travel (Oct. 24, 2024) 2. DOT Press Release Regarding Alaska/Hawaiian (Sept. 17, 2024) 3. DOJ Press Release Regarding JetBlue/Spirit (Mar. 4, 2024) Hosted by: Kelsey Paine, Baker Botts LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #299 Who Is Lesley Fair? A Conversation With a Consumer Protection Law Legend 34:02
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Play Later Play Later Lists Like LikedOn the occasion of Lesley Fair's retirement after 37 years in the Bureau of Consumer Protection at the Federal Trade Commission, she returns to Our Curious Amalgam to talk with co-hosts Alicia Downey and Jaclyn Phillips about some of the highlights of her illustrious career. Lesley has been described as “the voice of the FTC,” with a unique ability to translate the agency’s work into plain English. Listen to this episode to learn about Lesley's contributions to the evolution of U.S. consumer protection law, as well as her work with the Antitrust Law Section's Janet Steiger Fellowship program to encourage law students to follow her footsteps to rewarding careers in government service. With special guest: Lesley Fair, Former Senior Attorney, U.S. Federal Trade Commission Related Links: Federal Trade Commission Business Blog FTC Consumer Advice webpage Janet Steiger Fellowship Project Our Curious Amalgam, Episode #28 "Why All is Not Fair? Four Tips for Complying with Established FTC Advertising Principles (Feb. 2020) Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP…
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1 #298 What Has Happened to Merger Control in India? The Impact of the September 2024 Changes 33:34
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Play Later Play Later Lists Like LikedSignificant changes to the Indian merger control regime came into effect in September 2024. But what has happened? Nisha Kaur Uberoi, partner at JSA law firm in Mumbai, joins Puja Patel and Matthew Hall to discuss the changes and their likely practical impact on transactions affecting India. Listen to this episode to learn more about the changes including the new deal value threshold, the codification of the material influence test for control, new timelines and procedure and the impact of new definitions on the use of the Green Channel route for approval. With special guest: Nisha Kaur Uberoi, partner, JSA advocates & solicitors Related Links: JSA article, "What the overhaul of India’s merger control regime means", 24 September 2024 India Competition Act, 2002 Competition Amendment Act, 2023 Competition Commission of India (Combinations) Regulations, 2024 Competition (Criteria for Exemption of Combinations) Rules, 2024 Notifications of the changes Hosted by: Puja Patel, A&O Shearman US LLP and Matthew Hall, McGuireWoods London LLP…
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1 #297 HSR You Kidding Me? Unpacking the New Requirements for Merging Parties in the U.S. 31:28
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Play Later Play Later Lists Like LikedOver a year after the FTC and DOJ first announced changes to the premerger notification form and associated rules under the Hart-Scott-Rodino Act, the final rules were released in October 2024. What do these new HSR rules mean in practice for parties to transactions that must make an HSR filing? Daniel Rosenthal, Special Counsel at Milbank, joins hosts Jaclyn Phillips and Matt Tabas to discuss these changes in detail. Listen to this episode to learn more about what has changed, what hasn't, and how you can start to prepare. With special guest: Daniel J. Rosenthal, Special Counsel, Milbank LLP Related Links: The New HSR Form Is Here Hosted by: Jaclyn Phillips, White & Case LLP and Matt Tabas, Arnold & Porter Kaye Scholer LLP…
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1 #296 How Should Competition Law Be Dealing With AI and Climate Change? 28:12
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Play Later Play Later Lists Like LikedCan competition law save humanity? Over the past two years, Fiona Schaeffer has spurred on the lawyers, regulators, and economists of the ABA Antitrust Law Section to examine the role that antitrust law has, or potentially will have, in dealing with the existential challenges posed by climate change and the rise of artificial intelligence. In this episode, co-hosts Alicia Downey and Anora Wang talk with Fiona about why she chose to focus attention on these two issues during her recent term as Section Chair, and the insights that listeners should take away from the Section's work to date. With special guest: Fiona Schaeffer, Milbank LLP Related Links: Joint Section Comments on the Canadian Competition Bureau’s Discussion Paper on Artificial Intelligence and Competition (July 9, 2024) Report on Competition Law and Sustainability to the JFTC by the International Comments and Policy Committee (March 18, 2024) Joint Section Comments on the European Commission’s Consultation on Generative AI (March 6, 2024) Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #295 More or (Even) Less Certainty in EU Merger Control? The European Court of Justice Judgment in Illumina/GRAIL 37:21
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Play Later Play Later Lists Like LikedThe European Commission's attempt to claim jurisdiction under the EU merger rules over Illumina's acquisition of GRAIL ultimately resulted in a stinging court defeat for the regulator. But why did it lose and what will happen now to merger reviews of "below threshold" transactions in the EU? Nicole Kar, partner at Paul, Weiss in London, joins Matthew Hall and James Hunsberger to discuss the Commission's 2021 re-interpretation of its powers under Article 22 of the EU Merger Regulation, the European Court of Justice judgment striking that down and the alternative avenues for the Commission or EU countries to claim jurisdiction over killer and reverse killer transactions. Listen to this episode to learn more about how to analyse the risk and practical steps to take in relation to these transactions. With special guest: Nicole Kar, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: European Commission March 2021 guidance on use of Article 22 of the EU Merger Regulation European Commission FAQ on March 2021 Article 22 guidance General Court judgment 13 July 2022 on application of Article 22 by European Commission in Illumina/GRAIL Advocate General opinion 21 March 2024 on application of Article 22 by European Commission in Illumina/GRAIL European Court of Justice judgment 3 September 2024 on application of Article 22 by European Commission in Illumina/GRAIL Paul, Weiss, Rifkind, Wharton & Garrison LLP Client Memorandum "Mind the Gap: ECJ Judgment Determines European Commission Cannot Review Deals Below Member State Merger Control Thresholds" Hosted by: James Hunsberger, Axinn, Veltrop & Harkrider LLP and Matthew Hall, McGuireWoods London LLP…
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1 #294 Acquisitions or Not? Big Tech's Big Problems Investing in Artificial Intelligence 24:06
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Play Later Play Later Lists Like LikedIt'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…
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1 #293 Is the EU Position Now Clear? The European Commission’s Draft Guidelines on Exclusionary Abuses of Dominance 39:38
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Play Later Play Later Lists Like LikedThe European Commission's draft guidelines on exclusionary abuses of dominance will, once adopted, be a key document when applying EU competition law. But what is in the draft? Rona Bar-Isaac, head of competition at Addleshaw Goddard in London, joins Matthew Hall and Derek Jackson to discuss the draft guidelines and a controversial European Court of Justice judgment which was released soon after the publication of the guidelines. Listen to this episode to learn more about the components of the draft, including the Commission's two-stage approach for analysing potential exclusionary abuses of dominance and the available defences, as well as the implications for the guidelines of the Google Shopping ECJ judgment that deals with self-preferencing as an abuse. With special guest: Rona Bar-Isaac, partner, Addleshaw Goddard LLP Related Links: European Commission press release 1 August 2024 consultation on draft antitrust guidelines on exclusionary abuses European Commission consultation webpage including draft guidelines European Court of Justice press release 10 September 2024 Google Shopping judgment European Court of Justice 10 September 2024 Google Shopping judgment Addleshaw Goddard 8 August 2024 briefing on draft antitrust guidelines on exclusionary abuses Hosted by: Matthew Hall, McGuireWoods London LLP and Derek Jackson, Cohen & Gresser LLP…
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1 #292 Thinking About Going Small? Starting Up a Solo or Small Firm Antitrust Practice 32:08
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Play Later Play Later Lists Like LikedCan a Big Law antitrust practitioner have a successful career as a solo or small firm lawyer? In this episode, antitrust trial lawyer Sean Gates and co-hosts Alicia Downey and Matt Reynolds talk about their experiences leaving large firms to strike out on their own in the middle of their careers. Listen to this episode to learn what motivated them to "go small," and why antitrust law offers unique challenges, opportunities, and rewards to those looking for an alternative to Big Law practice. With special guest: Sean Gates, Partner, Illovsky Gates & Calia LLP Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP…
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1 #291 How Was Your Life In Antitrust? A Conversation With Jon Jacobson 31:52
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Play Later Play Later Lists Like LikedWhat were the cases and controversies that defined a decades-long career as an antitrust lawyer and scholar? Hosts Alicia Downey and Subrata Bhattacharjee welcome former Antitrust Law Section Chair Jon Jacobson back to the podcast to talk about his newly-published memoir of the highs and lows of litigating some of the biggest antitrust cases in U.S. legal history. Listen to this episode to learn how trial lawyers like Jon have helped to shape U.S. competition law and public policy. With special guest: Jonathan Jacobson, Partner (retired), Wilson Sonsini Goodrich & Rosati Related Links: Jonathan Jacobson, My Life in Antitrust (2024) "Rock Can't Get No Satisfaction? Antitrust and Rock 'n' Roll, Our Curious Amalgam, Episode #1 (Aug. 12, 2019) Bayou Bottling, Inc. v. Dr. Pepper Co., 725 F.2d 300 (5th Cir. 1984) Sewell Plastics, Inc. v. The Coca-Cola Co., 720 F. Supp. 1196 (W.D.N.C 1989) Hosted by: Alicia Downey, Downey Law LLC and Subrata Bhattacharjee, Borden Ladner Gervais LLP…
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1 #290 Who Is Aviva Will? Antitrust Lawyer and Litigation Financing Entrepreneur 31:46
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Play Later Play Later Lists Like LikedAntitrust and competition lawyers have a choice of career paths, including private practice, in-house, and public sector. What about the increasingly-important area of litigation finance? Aviva Will, Co-Chief Operating Officer of Burford Capital, joins Alicia Downey and Matthew Hall to discuss her career journey from a law firm to a senior executive role at a publicly traded, global litigation finance company. Listen to this episode to learn more about Aviva's current role, the evolution of the litigation finance industry in the U.S. and elsewhere, and The Equity Project--a groundbreaking initiative designed to help increase diversity in law. With special guest: Aviva Will, Co-Chief Operating Officer, Burford Capital LLC Related Links: Burford Capital, The Equity Project Association of Litigation Funders (England and Wales) American Legal Finance Association (U.S.) International Legal Finance Association Hosted by: Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP…
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1 #289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed 23:43
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Play Later Play Later Lists Like LikedThe failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive. With special guest: Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: Hospitals Defeat FTC Merger Injunction Request With a Version of the “Failing Firm” Defense Hosted by: Jaclyn Phillips, White & Case LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #288 Who Is Steve Cernak? Meet the 2024-25 Chair of the ABA Antitrust Law Section 23:19
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Play Later Play Later Lists Like LikedThe Antitrust Law Section's new Chair is a lawyer, professor, and author of countless books and articles, with decades of leadership experience in the Section. What changes will he bring? In this episode, co-hosts Alicia Downey and Puja Patel ask Steve Cernak about his unusual career path, the priorities and initiatives he is planning to pursue in his one-year term, and the legal trends that he believes will affect the Section's members and their clients. Listen to this episode to get to know Steve a little better as the leader of a global association of professionals in the fields of antitrust, competition, consumer protection, and data privacy law--and as a loyal baseball fan. With special guest: Steven Cernak, Partner, Bona Law PC Hosted by: Alicia Downey, Downey Law LLC and Puja Patel, A&O Shearman US LLP…
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1 #287 How Should We Protect Children’s Online Privacy? Revisiting the Children’s Online Privacy Protection Act (COPPA) 27:07
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Play Later Play Later Lists Like LikedMost agree that children's online privacy is important. But how should it be protected? Ryan Durrie, Associate Director of the Cordell Institute at Washington University in St. Louis, joins Christina Ma and Anora Wang to discuss how the Children's Online Privacy Protection Act (or COPPA) protects online privacy today and how it could be reformed. Listen to this episode if you want to learn about the latest policy developments in online privacy. With special guest: Ryan Durrie, Associate Director, Cordell Institute at Washington University in St. Louis Related Links: Cordel Institute for Policy in Law and Medicine, Washington University in St. Louis, Comment to FTC on COPPA (Mar. 12, 2024) Neil Richards, Woodrow Hartzog, & Jordan Francis, A Concrete Proposal for Data Loyalty (2023) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz…
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1 #286 What Are the Perils of Privacy Law? Evolutions of the Children's Online Privacy and Protection Act (COPPA) 35:09
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Play Later Play Later Lists Like LikedPrivacy law has become increasingly relevant and important with the advent of the internet and all things digital and most agree that these laws should protect children's privacy, in particular. But what are the tradeoffs? James Cooper, Professor of Law and Economics at Scalia Law School at George Mason University, joins Christina Ma and Anora Wang to discuss the Children's Online Privacy and Protection Act, proposed changes to the rules enforcing the Act, and the potential tradeoffs to certain proposals. Listen to this episode of Our Curious Amalgam if you want to learn more about how the U.S. regulates online privacy for kids and its impact. With special guest: James Cooper, Antonin Scalia Law School Related Links: Garrett Johnson, Tesary Lin, James Cooper and Liang Zhong, COPPAcalypse (2023) Comment on FTC's Proposed COPPA Rulemaking, Program on Economics & Privacy, George Mason University Scalia Law School (2024) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #285 Is It All Connected? Exploring Cross-Market Theories of Harm in Healthcare Mergers 41:03
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Play Later Play Later Lists Like LikedFederal and State antitrust authorities have started to take closer looks into mergers of hospitals that are in different geographic areas. What are the theories of harm behind such investigations, and what does the economics literature have to say about those cross-market theories? Join Anora Wang and Jeny Maier as they hear from leading healthcare economist Cory Capps about recent academic research and agency activities on this front. Listen to this episode if you want to learn more about cutting-edge thinking in healthcare mergers. With special guest: Cory Capps, Partner, Bates White Economic Consulting Related Links: Cory Capps, Leyla Karakas, & Tetyana Shvydko, Cross-Market Mergers: Theories of Harm and Limiting Principles (2023) Greg Vistnes, Cross-Market Hospital Mergers: Assessing Likely Harm and Implications for Government Action (2023) Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #284 How Do We Measure Innovation? The Economic Analysis of the Impact of M&A on Innovation in the Pharmaceutical Industry 23:27
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Play Later Play Later Lists Like LikedWhen analyzing the competitive effects of a proposed transaction, the U.S. antitrust agencies may attempt to define and assess the potential loss of innovation in a relevant market. But what exactly is "innovation," and how can potential losses (or gains) in innovation be measured? In this episode Alicia Downey and Lijun Zhang speak with Cornerstone Research economist Penka Kovacheva about how economists are attempting to measure the impact of mergers on innovation, with a focus on the pharmaceutical industry. Listen to this episode to learn about whether any of these attempts have been successful and why there is much more work to be done. With special guest: Penka Kovacheva, Vice President, Cornerstone Research Related Links: Penka Kovacheva, Maria Salgado, Anca Cojoc, & Lorenzo Cattivelli, "The Impact of Pharmaceutical M&A on Innovation: Insights from the Literature and Gaps Remaining" Hosted by: Alicia Downey, Downey Law LLC and Lijun Zhang, Freshfields Bruckhaus Deringer LLP…
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1 #283 Who Should Competition Law Work For? Enforcement Against Restrictive Labour Market Agreements in the EU 40:32
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Play Later Play Later Lists Like LikedLabour markets are in the focus of competition law regulators worldwide and companies and their advisers need to know what the issues are. What is the situation in the EU and its member states? Johanna Kübler, partner at German competition law firm Commeo, joins Jaclyn Phillips and Matthew Hall to discuss the background to this current focus in the EU, the legal rules that apply, the current status of leading investigations and key practical compliance messages. Listen to this episode to learn more about how to navigate and comply with competition law in this important area. With special guest: Johanna Kübler, partner, COMMEO Rechtsanwälte PartGmbB Related Links: Portugal Competition Authority technology consulting no-poach investigation 2024: https://www.concorrencia.pt/en/articles/adc-accuses-multinational-technology-consulting-group-anticompetitive-practices-labor https://www.concorrencia.pt/en/articles/adc-fined-multinationals-anticompetitive-practices-labor-market European Commission Competition Policy Brief "Antitrust in Labour Markets" May 2024 Commissioner Vestager speech October 2021 "A new era of cartel enforcement" European Commission food delivery no-poach investigation November 2023 Commeo newsletter "Labour Markets in the Focus of Competition Watchdogs" May 2024 UK Competition and Markets Authority purchase of freelance services investigations U.S. Federal Trade Commission "FTC Announces Rule Banning Noncompetes" April 2024 Hosted by: Jaclyn Phillips, White & Case LLP and Matthew Hall, McGuireWoods London LLP…
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1 #282 Has the Scrutiny Reached a Fever Pitch? Taking the Temperature of Private Equity in Healthcare 28:32
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Play Later Play Later Lists Like LikedPrivate equity and health care are important aspects of the U.S. economy. Why are antitrust enforcers focused on the intersection of these two areas? Carla Hine, an antitrust attorney well-versed in both industries, joins Jaclyn Phillips and Jeny Maier to discuss the role PE plays in health care transactions and what antitrust enforcers' recent focus means for such transactions. Listen to this episode to learn more about everything from the benefits of PE investment to legal theories underlying the current conversation. With special guest: Carla Hine, Counsel, Weil, Gotshal & Manges LLP Hosted by: Jaclyn Phillips, White & Case LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP…
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1 #281 What Are the Australian Competition and Consumer Commission’s Plans for Enforcement? Breaking It Down From A To Triple C 29:39
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Play Later Play Later Lists Like LikedThe Australian Competition and Consumer Commission's enforcement and policy priorities for 2024-2025 reflect a focus on a wide range of conduct in many industries. What does this mean for practitioners, market participants, and consumers in Australia? Peta Stevenson, a competition attorney with more than two decades of experience, joins Jaclyn Phillips and Anant Raut to discuss the takeaways and implications. Listen to this episode to learn more about competition enforcement in Australia. With special guest: Peta Stevenson, Partner, King & Wood Mallesons Related Links: Easing Cost of Living: ACCC Announces 2024 Enforcement Priorities, With a Focus on Consumers Stop Right There: Australia’s Merger Regime Set To Change Hosted by: Jaclyn Phillips, White & Case LLP and Anant Raut…
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1 #280 Does the FTC Ban Get It Right or Go Too Far? Economists Debate the FTC Non-Compete Rule 1:00:05
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Play Later Play Later Lists Like LikedThe Federal Trade Commission's non-compete ban has stirred vigorous discussion in the antitrust bar and beyond. What do economic theory and empirical analysis tell us about the effects of non-competes, and whether a ban is justified? Economists Evan Starr and Brian Albrecht join co-hosts Sergei Zaslavsky and Anora Wang to debate the state of economic evidence on non-competes, the implications for policy, and what we still have to learn. Listen to this episode, which also aired as a live ABA program, for an in-depth discussion that highlights both areas of consensus and areas of disagreement on the economics of non-competes. With special guests: Evan Starr, Associate Professor, University of Maryland Robert H. Smith School of Business and Brian Albrecht, Chief Economist, International Center for Law & Economics Related Links: Starr, Evan P., J.J. Prescott, and Norman D. Bishara. "Noncompete Agreements in the U.S. Labor Force." Journal of Law and Economics 64, no. 1 (2021): 53-84 Thomas, Randall S. and Thomas, Randall S. and Bishara, Norman D and Martin, Kenneth J., An Empirical Analysis of Non-Competition Clauses and Other Restrictive Post-Employment Covenants (February 26, 2014) Posner, Eric A. and Triantis, George G. and Triantis, Alexander J. and Triantis, Alexander J., Investing in Human Capital: The Efficiency of Covenants Not to Compete (January 2004) Hosted by: Sergei Zaslavsky and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #279 How Does U.S. Law Promote Competition in Agricultural Markets? 28:33
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Play Later Play Later Lists Like LikedThe preservation of competition in agricultural markets has been identified as as one of the Biden Administration's highest enforcement priorities. In this episode, co-hosts Alicia Downey and Barry Nigro talk to Professor Kelly Nuckolls of the University of Arkansas School of Law about recent enforcement actions and rulemaking efforts targeting anticompetitive practices in the agriculture sector. Listen to this episode to learn about the DOJ Antitrust Division's case against benchmarking service provider Agri Stats based on allegedly collusive information-sharing, and the Division's renewed interest in enforcing the Packers and Stockyards Act of 1921--a federal statute with the potential to support challenges to unfair conduct that the Sherman Act might not reach. With special guest: Kelly Nuckolls, Assistant Director and Visiting Assistant Professor of Law for the LL.M. Program in Agricultural and Food Law, University of Arkansas School of Law Related Links: Agricultural Marketing Service, Department of Agriculture (USDA), Inclusive Competition and Market Integrity Under the Packers and Stockyards Act, 9 CFR 201.302-201.390 (Mar. 6, 2024) Agricultural Marketing Service, Department of Agriculture (USDA), Transparency in Poultry Grower Contracting and Tournaments, 9 CFR 201.2-201.4 (Nov. 28, 2023) Wheeler v. Pilgrim's Pride Corp., 591 F.3d 355 (5th Cir. 2009) Hosted by: Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP…
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1 #278 Who Is Krisztian Katona? Meet an International Competition Lawyer 33:46
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Play Later Play Later Lists Like LikedNot many antitrust lawyers have a front row seat to competition law and policy around the globe. But have you met Krisztian Katona? Krisztian Katona, an international competition lawyer, speaks with Anora Wang and Jaclyn Phillips about the trajectory of his career, insights about competition law and trends, and how the ABA provides opportunities for international lawyers. With special guest: Krisztian Katona, Computer & Communications Industry Association Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Jaclyn Phillips, White & Case LLP…
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1 #277 Still Going Strong at 20? A Conversation With the Architect of the EU Merger Regulation 2004 41:26
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Play Later Play Later Lists Like LikedThe EU's merger control law--the Merger Regulation--was revised in 2004, and 2024 is therefore the 20th anniversary of the changes. What prompted those changes? Sir Philip Lowe, Director-General of the European Commission's Directorate-General for Competition from 2002-2010, joins Matthew Reynolds and Matthew Hall to discuss the background to the changes and what else in EU merger control changed at the time. Listen to this episode to learn more about the basis for the current EU regime and Sir Philip's views on other topical merger control issues. With special guest: Sir Philip Lowe, Partner, Oxera Consulting Related Links: European Commission Mergers Website Page Court of First Instance judgment in Airtours Court of First Instance judgment in Tetra Laval/Sidel Court of First Instance judgment in Schneider/Legrand Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP…
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1 #276 Does a Year Make a Difference? The Regulation of Influencers Under the 2023 Revised FTC Endorsement Guides 28:06
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Play Later Play Later Lists Like LikedAn important component of U.S. consumer protection law includes the regulation of endorsements, a form of advertising where someone other than the seller of a product or service—such as an athlete, a celebrity, or an influencer—is compensated to promote that product or service. In this episode, co-hosts Alicia Downey and Matt Reynolds talk to consumer protection lawyer Caiti Zeytoonian about the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, which were significantly updated in June 2023 to reflect the rising power and ubiquity of social media influencers. Listen and learn how the new guidance is making a difference in the rapidly evolving world of online endorsements. With special guest: Caiti Zeytoonian, Morgan, Lewis & Bockius LLP Related Links: 16 CFR Part 255, Guides Concerning Use of Endorsements and Testimonials in Advertising Disclosures 101 for Social Media Influencers The FTC Endorsement Guides: What People Are Asking (FAQs) Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP…
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1 #275 What's Happening in New Zealand, Israel, and Norway? Catching Up With International Enforcers at the 2024 Spring Meeting 29:27
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Play Later Play Later Lists Like LikedWhile on site at the ABA Antitrust Law Section's Annual Spring Meeting in April 2024, the Our Curious Amalgam team sat down with competition regulators from around the world to talk about their current and future enforcement priorities. We also got to know them a little better as people. In this episode, Alicia Downey finds out what's happening in New Zealand with Andrew Riseley, the General Counsel and General Manager of the Legal Services branch of the New Zealand Commerce Commission. Following that is Alicia's interview with Joshua Sherman, the Chief Economist of the Israel Competition Authority. The episode concludes as Jaclyn Phillips speaks with Tina Søreide, the General Manager of the Norwegian Competition Authority. With special guests: Andrew Riseley, General Counsel/General Manager Legal Services, New Zealand Commerce Commission, Joshua Sherman, Chief Economist, Israel Competition Authority, and Tina Søreide, General Manager, Norwegian Competition Authority Related Links: New Zealand Commerce Commission Israel Competition Authority OCA Episode #175, Who Is Michal Halperin? Meet the Former Director-General of the Israeli Competition Authority Norwegian Competition Authority Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP…
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1 #274 What's Happening in Hong Kong and Japan? Catching Up With International Enforcers at the 2024 Spring Meeting 31:34
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Play Later Play Later Lists Like LikedIn April 2024, the Our Curious Amalgam team interviewed international competition law regulators while on site at the ABA Antitrust Law Section's Annual Spring Meeting in Washington, D.C. In this episode, Anora Wang talks to Samuel Chan, Chairman of the Hong Kong Competition Commission, and Commissioner Reiko Aoki of the Japan Fair Trade Commission. Listen to what they had to say about their respective agencies' major achievements of the past year and current and future enforcement priorities, while also getting to know them a little better as people. With special guests: Samuel Chan, BBS, JP, Chairman, Hong Kong Competition Commission and Reiko Aoki, Commissioner, Japan Fair Trade Commission Related Links: Hong Kong Competition Commission Educational short videos produced by the Hong Kong Competition Commission Japan Fair Trade Commission Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #273 What’s Happening in France, Portugal, and Poland? Catching Up With International Enforcers at the 2024 Spring Meeting 42:49
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Play Later Play Later Lists Like LikedThe 2024 edition of the ABA Antitrust Law Section’s Spring Meeting in Washington, D.C., offered the Our Curious Amalgam team a chance to speak with competition law regulators from around the world. While on site at the meeting, we sat down with several of them to discuss their enforcement priorities and other issues, while also getting to know them a little better as people. This episode features interviews conducted by three of our OCA hosts. First, Anora Wang discovers what's happening in France with Benoît Cœuré, the president of the French Competition Authority. Next, Jeny Maier speaks with Nuno Cunha Rodrigues, the president of the Portugese Competition Authority, about his agency's competition enforcement priorities, as well as sightseeing recommendations for Jeny's upcoming visit to Portugal. And finally, Barry Nigro hears about what's going on in Poland with Martyna Derszniak-Noirjean Director of the International Cooperation Office of the Polish Office of Competition and Consumer Protection. With special guests: Benoît Cœuré, President, Autorité de la concurrence (France), Nuno Cunha Rodrigues, President, Autoridade da Concorrência (Portugal), and Martyna Derszniak-Noirjean, Director, International Cooperation Office, Office of Competition and Consumer Protection (Poland) Related Links: Autorité de la concurrence (France) Autoridade da Concorrência (Portugal) Office of Competition and Consumer Protection (Poland) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP, Jeny Maier, Axinn, Veltrop & Harkrider LLP, and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP…
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1 #272 What’s Happening in the EU? A Conversation With DG COMP Director-General Olivier Guersent at the 2024 Spring Meeting 46:51
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Play Later Play Later Lists Like LikedThe 2024 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 2023 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 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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1 #271 What Does the UN Do For Consumers? UNCTAD’s Role in Promoting Competition and Consumer Protection 33:24
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Play Later Play Later Lists Like LikedThe UN General Assembly has entrusted UNCTAD (now rebranded as UN Trade and Development) to be the focal point within the UN on competition and consumer protection issues. How does UN Trade and Development implement this role? Teresa Moreira, Head of the Competition and Consumer Policies Branch (CCPB) at UN Trade and Development, joins Alicia Downey and Matthew Hall to discuss the work of the CCPB, including its focus on developing countries and its working groups and specific projects. Listen to this episode to learn more about UN Trade and Development's work promoting, reinforcing and advising on competition and consumer protection law and policies in support of its overall goal to help developing countries meet the Sustainable Development Goals set by the UN General Assembly in 2015. With special guest: Teresa Moreira, Head, Competition and Consumer Policies Branch, United Nations Trade and Development (UNCTAD) Related Links: UNCTAD website Competition and Consumer Protection Branch website Global competition law and policy approaches to digital markets (March 2024) Consumer dispute resolution in the world (March 2024) UNCTAD model law on competition after 30 years: some reflections (Feb 2024) Hosted by: Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP…
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1 #270 Want To Be an Antitrust Scholar? Meet the ABA’s International Scholar-in-Residence 25:40
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Play Later Play Later Lists Like LikedMany practitioners wonder what it would be like to be an academic, diving deeply into the leading international legal and policy issues at the forefront of antitrust and competition law. But what does an academic researcher do all day? Natalia Moreno Belloso, one of the ABA Antitrust Law Section's International Scholars-in-Residence, joins Jeny Maier and Anora Wang to discuss her research on conflicts between competition values and non-competition values in digital markets. Listen to this episode if you want to learn more about the life of an academic researcher and the latest trends in digital market regulation. With special guest: Natalia Moreno Belloso, European University Institute Related Links: The EU Digital Markets Act (DMA): A Competition Hand in a Regulatory Glove Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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1 #269 What’s New in Antitrust and Tech? Unpacking United States v. Apple 30:21
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Play Later Play Later Lists Like LikedOn March 21, 2024, the United States Department of Justice and sixteen Attorneys General sued Apple, alleging that “Apple undermines apps, products, and services that would otherwise make users less reliant on the iPhone, promote interoperability, and lower costs for consumers and developers.” In other words, many of the DOJ and AGs’ allegations boil down to lock in - that is that the features chosen by Apple lock in developers and users to stay in Apple’s ecosystem by making it harder to switch or jump between platforms. We discuss the case and the claims advanced, and what it might mean for antitrust enforcement, tech, and consumer experiences. With special guest: Stephen Calkins, Professor of Law, Wayne State University Law School Related Links: U.S. v. Apple Complaint Assistant Attorney General Jonathan Kanter Remarks on Complaint Steve Calkins' Guide to Classical Music Concerts Hosted by: Jana Seidl, Baker Botts LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP…
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1 #268 Bringing Big Tech to Heel? Compliance Day Under the EU Digital Markets Act 41:14
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Play Later Play Later Lists Like LikedThe EU Digital Markets Act introduces a radical change to regulation of the digital sector in the EU. But what does it require and what have the designated "gatekeepers" been doing to ensure compliance? Aleksandra Zuchowska, Competition Policy Manager at CCIA in Brussels, appearing in her personal capacity, joins Matthew Reynolds and Matthew Hall to discuss the DMA and its impact. Listen to this episode to learn more about the principles underpinning the DMA, its requirements, the compliance steps being taken, the act's impact on choice, innovation and online safety, the compliance workshops in Brussels and next steps. With special guest: Aleksandra Zuchowska, Competition Policy Manager, Computer & Communications Industry Association, Brussels (personal capacity) Related Links: CCIA Europe blog post on DMA and innovation/user-experience issues CCIA Europe blog post on DMA enforcement European Commission DMA webpage European Commission non-compliance investigation press release European Commission compliance day press release Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP…
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1 #267 Dial L for Liability? Evolving Restrictions on Telemarketing to Consumers 27:39
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Play Later Play Later Lists Like LikedAnyone with a phone number understands how annoying it is to receive unsolicited promotional voice calls and text messages. For that reason, telemarketing and telephone sales practices in the U.S. are regulated by decades-old federal and state consumer protection laws, which permit private rights of action by consumers for minimum statutory damages that can total hundreds of dollars per violation, such as when a call or text is made to a phone number listed on the National Do-Not-Call Registry. But are these laws too harsh on legitimate businesses communicating with their customers? How well do these 1990s-era laws address emerging communication technologies? In this episode, hosts Alicia Downey and Derek Jackson speak with Kelley, Drye & Warren partner Becca Wahlquist about these issues and recent developments in the law governing telemarketing to consumers. Learn about the challenges that businesses face in complying with a complex and evolving scheme of federal and state legislation and rules restricting telephone communications with consumers. With special guest: Becca Wahlquist, Partner, Kelley, Drye & Warren LLP Related Links: Becca Wahlquist & Nathan Jamieson, Developments in Telephone Consumer Protection Act Law After Duguid v. Facebook, Antitrust Magazine (ABA Antitrust Law Section Summer 2022) Hosted by: Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP…
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1 #266 Is It Time To Burst the Bubble? Antitrust Law in the Age of the Polycrisis 43:30
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Play Later Play Later Lists Like LikedThe antitrust law bubble, particularly in the U.S., has in recent years focussed on the mantra of promoting efficiency above all else. In the age of the global polycrisis and increasing corporate concentration and power in numerous sectors, should this bubble be popped? Dr Cristina Caffarra, leading competition economist, joins Barry Nigro and Matthew Hall to discuss the wider issues antitrust and competition law enforcement should be considering, which was the focus of a January 2024 Brussels conference described as the "Anti-Davos" and "Woodstock of Antitrust". Listen to this episode to learn more about the "Antitrust, Regulation, and the Next World Order" conference led by Dr Caffarra, why antitrust law should be taking a wider approach than efficiency and narrow consumer welfare and the links with trade and industrial policy. With special guest: Cristina Caffarra, University College London, CEPR Competition RPN Related Links: Cristina Caffarra article in CPI Columns Europe February 2024 (source: CPI) Cristina Caffarra article part 1 in VoxEU (CEPR) January 2024 (source: VoxEU) Cristina Caffarra article part 2 in VoxEU (CEPR) January 2024 (source: VoxEU) Cristina Caffarra article in VoxEU (CEPR) March 2024 (source: VoxEU) Angus Deaton article "Rethinking My Economics" March 2024 (source: IMF) Politico article on Antitrust, Regulation, and the Next World Order conference February 2024 (source: Politico) The Capitol Forum article on Antitrust, Regulation, and the Next World Order conference February 2024 (source: The Capitol Forum) Cristina Caffarra speaking notes Antitrust, Regulation, and the Next World Order conference January 2024 (source: ofthewedge.com) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Matthew Hall, McGuireWoods London LLP…
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1 #265 Can I Avoid Targeted Ads? The EU Rules on Pay or OK 44:09
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Play Later Play Later Lists Like LikedMany companies already use or are introducing "pay or OK" models for targeted ads on the Internet. What legal issues does this raise in the EU? Frithjof Michaelsen, Digital Policy Officer at UFC-Que Choisir, the French Federation of Consumer Associations, joins Matthew Reynolds and Matthew Hall to discuss Meta's introduction of pay or OK, otherwise known as pay or consent, on its Facebook and Instagram platforms in the EU, the relevant law and the implications of this for the wider adtech ecosystem. Listen to this episode to learn more about the application of EU consumer and data protection rules and the EU Digital Markets Act to this model. With special guest: Frithjof Michaelsen, Digital Policy Officer, UFC-Que Choisir (France) Related Links: "Choose to lose with Meta" document; BEUC’s assessment of Meta’s subscription model (pay or OK) from a consumer law perspective (source: European Data Protection Board) BEUC "Choose to Lose With Meta" webpage (source: European Data Protection Board) BEUC Press Release "Consumer groups file complaint against Meta’s unfair pay-or-consent model" (source: European Data Protection Board) Timeline of Meta and GDPR (source: European Data Protection Board) NOYB GDPR Withdrawal Complaint (source: noyb.eu) NOYB GDPR Pay or OK Complaint (source: noyb.eu) NOYB Press Release "Instagram & Facebook: 28 civil rights organisations urge European DPAs to reject “Pay or Okay” in pending case over € 250 “privacy fee”" (source: noyb.eu) EU Digital Markets Act (source: European Commission) BEUC and EU consumer group complaints against Meta under EU GDPR February 2024 Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP…
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1 #264 What’s Wrong With Having Lots of Patents? Patent Thickets and Antitrust Law 28:14
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Play Later Play Later Lists Like LikedIt's often said that patent protection rewards innovation and benefits consumers. But are there competition law issues with having "too many" patents? Kate Swisher, an antitrust litigator at White & Case, joins co-hosts Alicia Downey and Lijun Zhang to discuss the tension between patent law and antitrust law in the context of so-called "patent thickets," particularly in the pharmaceutical industry. Listen to this episode to learn how courts are treating claims that obtaining a large number of patents for a single product may be an anticompetitive practice. With special guest: Kate Swisher, White & Case LLP Hosted by: Alicia Downey, Downey Law LLC and Lijun Zhang, Freshfields Bruckhaus Deringer LLP…
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1 #263 What’s the Role of a Magistrate Judge? Conversation With Judge Lindsey Vaala 33:09
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Play Later Play Later Lists Like LikedThe U.S. federal district courts have magistrate judges who are appointed to assist the district court judges and generally oversee first appearances of criminal defendants, set bail, and conduct other administrative duties. But is the role of a magistrate judge different across districts? In a district like Eastern District of Virginia where the trial docket is so fast that it earned the nickname as a “Rocket Docket,” a magistrate judge can make important decisions and have a great impact on the cases there. Judge Lindsey Vaala, the first magistrate judge interviewed by our program, and a long-time active member of the ABA Antitrust Law Section, speaks with Anora Wang and Melissa Maxman on her previous career as an antitrust litigator, her path to the bench, and to the extent that she can speak, her views on current antitrust issues. With special guest: The Honorable Judge Lindsey R. Vaala, Magistrate Judge, U.S. District Court for the Eastern District of Virginia Related Links: Magistrate Judge Lindsey Vaala Appointment Announcement Nov 2022 Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Melissa H. Maxman, Cohen & Gresser LLP…
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The US antitrust agencies' approach to merger remedies has undergone a significant change under the Biden administration. Remedies are increasingly disfavored. In this episode, Dan Ducore, former Assistant Director of the Federal Trade Commission's Bureau of Competition Compliance Division, joins Barry Nigro and Jeny Maier to discuss the growing skepticism towards merger remedies by the US antitrust authorities. Listen to this episode to learn more about whether merger remedies remain a viable option in the US and, if so, how parties should approach them given the government’s current hostility toward remedies. With special guest: Dan Ducore, former Assistant Director of the Federal Trade Commission's Bureau of Competition Compliance Division Related Links: Daniel P. Ducore, "Negotiating Remedies: A Perspective from Various Agencies," Global Competition Review (October 2023) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP…
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Our Curious Amalgam
1 #261 Can Demanding Price Parity Harm Competition? The MFN Paradox 22:13
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Play Later Play Later Lists Like LikedWhen are MFNs good and when are they bad? A "most favored nation" (MFN) price requirement ensures that a buyer receives the lowest price that a seller is offering to other buyers. Under U.S. antitrust law, such MFNs are typically viewed as a procompetitive outcome of price bargaining between parties. But recently, the use of MFNs by Amazon's internet retailing platform has been challenged as an anticompetitive business practice. In this episode, Alicia Downey and Barry Nigro talk to economist Tasneem Chipty about the potential competition concerns raised by MFNs generally and platform MFNs specifically. Listen and learn in what circumstances most favored nation requirements might raise antitrust red flags. With special guest: Tasneem Chipty, Managing Principal, Chipty Economics Related Links: Tasneem Chipty, "Platform MFNs: Can Asking for the Lowest Price Discourage Competition?", Pricing Conduct Committee Newsletter (ABA Antitrust Law Section Jan. 9. 2024) Hosted by: Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP…
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Our Curious Amalgam
1 #260 What’s The (Data Protection) Difference? An EU/U.S. Comparison of Personal Data Protection Issues In Merger and Behavioural Investigations 36:02
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Play Later Play Later Lists Like LikedLarge amounts of information are collected during merger control and behavioural competition law investigations. What are the personal data protection issues raised? Dan Rupprecht, Director for Europe of iDiscovery Solutions, joins Aaron Yeater and Matthew Hall to discuss the differences between these two types of investigations, why and how the EU/UK and U.S. approaches differ in this area, the technology that is used and the future. Listen to this episode to learn more about protection of personal data when working in these areas. With special guest: Dan Rupprecht, Director for Europe, iDiscovery Solutions Related Links: European Commission data protection (GDPR) UK GDPR Hosted by: Aaron Yeater, Analysis Group, Inc. and Matthew Hall, McGuireWoods London LLP…
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Our Curious Amalgam
In recent years competition agencies in several jurisdictions have undertaken studies to assess the state of competition within their borders. Canada now joins the list. In this episode, co-hosts Alicia Downey and Barry Nigro speak with economist Matthew Osborne about the Canadian Bureau of Competition’s 2023 report, “Competition in Canada from 2000 to 2020: An Economy at a Crossroads.” Listen to this episode to learn about how Matthew and his team analyzed competition across the Canadian economy during a critical decade. With special guest: Matthew Osborne, University of Toronto Mississauga Related Links: Competition in Canada from 2000 to 2020: An Economy at a Crossroads More about Matthew Osborne Hosted by: Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP…
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Our Curious Amalgam
1 #258 Will the UK CMA Find Out About My Deal? The Operation of the CMA’s Mergers Intelligence Committee in Practice 32:21
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Play Later Play Later Lists Like LikedThe UK merger control system provides for voluntary filings but that does not mean parties to deals can hide from the regulator, the UK Competition and Markets Authority (CMA). But how does the CMA's Mergers Intelligence Committee (MIC) identify deals to ask about and review the informal briefing papers which can be submitted by parties hoping to avoid a full filing? Eleni Gouliou, a Director of Mergers at the CMA, who has chaired MIC, joins Anora Wang and Matthew Hall to discuss the work of MIC and its place within the CMA's merger review processes. Listen to this episode to learn more about this area of the CMA's merger control work, which is increasingly important now that the UK is outside the EU merger control regime. With special guest: Eleni Gouliou, Director of Mergers, UK Competition and Markets Authority Related Links: UK Competition and Markets Authority "Guidance on the CMA's mergers intelligence function" (December 2020) UK Competition and Markets Authority merger inquiry outcome statistics Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Matthew Hall, McGuireWoods London LLP…
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Our Curious Amalgam
1 #257 Throwing the Book at Orange Book Listings? The FTC’s Views on the Antitrust Implications of Listing Patents in the Orange Book 30:13
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Play Later Play Later Lists Like LikedThe interplay between patent law and competition law has been a consistent focus for the antitrust agencies over the years, most notably in the pharmaceutical sector between brand and generic drugs. But will the FTC take a new approach to dealing with branded drug company patents listed in the FDA's "Orange Book"? Mika Ikeda, Competition Counsel at Johnson & Johnson joins Jaclyn Phillips and Jeny Maier to discuss the FTC's historical interest in Orange Book listings and what actions the agency may take in the future. Listen to this episode to learn more about FTC policy related to competition in drug markets, and why the "Orange Book" is orange! With special guest: Mika Ikeda, Senior Counsel, Competition Law, Johnson & Johnson Related Links: Federal Trade Commission Statement Concerning Brand Drug Manufacturers’ Improper Listing of Patents in the Orange Book (Sept. 14, 2023) Hosted by: Jaclyn Phillips, White & Case LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP…
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Our Curious Amalgam
1 #256 Is Crypto a Giant Pump-and-Dump Scheme? The Art of Selling Nothing for Something 36:17
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Play Later Play Later Lists Like LikedThe hype around cryptocurrency is at an all-time high, as the industry makes a major push to go mainstream. But is it all a giant pump-and-dump scheme? Software engineer and celebrated crypto critic Molly White and the SEC's Associate Director of Enforcement Carolyn Welshhans join Anant Raut and Aaron Yeater for a braintwister of a discussion on such topics as what is money; if blockchain is so secure how does so much crypto keep getting stolen; and is crypto a giant scam. Listen to this episode to learn more about whether ordinary investors will be left holding the bag when the crypto bros cash out. With special guests: Molly White, Software Engineer and Founder, Web3 is Going Just Great and Carolyn Welshhans, Associate Director of the Division of Enforcement, Securities and Exchange Commission Related Links: Web 3 is Going Just Great Hosted by: Anant Raut and Aaron Yeater, Analysis Group, Inc.…
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Our Curious Amalgam
1 #255 Can Self-Preferencing Algorithms Be Procompetitive? A Review of the Economic Literature 19:30
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Play Later Play Later Lists Like LikedSelf-preferencing by digital platforms has become ubiquitous in today's antitrust discourse. But has enough focus been put on economic analysis to understand the procompetitive benefits of self-preferencing conduct? Emilie Feyler and Dr. Veronica Postal, Senior Consultants at NERA Economic Consulting, speak with Jaclyn Phillips and Barry Nigro about their assessment of the economic literature on self-preferencing. Listen to this episode to learn more about what the empirical research has to say and if there are still gaps to fill. With special guests: Emilie Feyler, Senior Consultant, NERA Economic Consulting and Dr. Veronica Postal, Senior Consultant, NERA Economic Consulting Related Links: Can Self-Preferencing Algorithms Be Procompetitive? Hosted by: Jaclyn Phillips, White & Case LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP…
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Our Curious Amalgam
1 #254 How Did Antitrust Law Help Defeat the Ku Klux Klan? The Vietnamese Fisherman's Association Case 28:37
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Play Later Play Later Lists Like LikedIn the early 1980s, a group of Vietnamese fisherman on the gulf coast of Texas teamed up with the Southern Poverty Law Center to mount a heroic legal challenge to the Ku Klux Klan. How did antitrust law play a role in this important civil rights case? Charles Moore joins co-hosts Derek Jackson and Alicia Downey to talk about the Section's Diversity.Advanced Committee's upcoming reenactment of the court proceedings, the historical use of antitrust law in cases of violence or threats against competitors, and the potential for new cases in this area. Listen to this episode to learn about the antitrust issues that arose in a milestone case in American legal history. With special guest: Charles Moore, White & Case LLP Related Links: Preliminary injunction decision Permanent injunction decision Houston Public Media, I See U Podcast, Episode 9: Vietnamese Fishermen v. the KKK Andrew Chin, University of North Carolina, The KKK and the Vietnamese Fishermen Hosted by: Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP…
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Our Curious Amalgam
1 #253 Ready, Player One? Antitrust and Online Gaming 30:18
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Play Later Play Later Lists Like LikedThe online gaming industry has been the subject of legal challenges in the antitrust and consumer protection arenas. So Player One, are you ready to hear about the legal issues to consider in this rapidly advancing sector? Josh Grant, video gaming expert with more than two decades of experience in the industry, joins Alicia Downey and Anant Raut to discuss the evolution of video gaming and how that has contributed to current antitrust and consumer protection issues. Listen to this episode to learn more about the intersection of online gaming, antitrust, and consumer protection. With special guest: Josh Grant Related Links: An Expert’s Look at the Current Gaming Landscape and Potential Disputes in 2023 What’s Next for Microsoft and Activision’s Antitrust Battle After EU and UK Decisions Hosted by: Alicia Downey, Downey Law LLC and Anant Raut…
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Our Curious Amalgam
1 #252 Has A New Ecosystem Been Discovered? The European Commission Blocks Booking’s Proposed Acquisition of eTraveli 32:16
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Play Later Play Later Lists Like LikedThe European Commission's recent decision to block Booking’s proposed acquisition of eTraveli is unprecedented and even controversial to some. How should we understand the EC's concerns? Eliana Garces, Senior Advisor with Analysis Group, joins Matthew Hall and Jaclyn Phillips to discuss the EC's theories of harm. Listen to this episode for an economist's take on the EC's analysis and how we should think about it more generally. With special guest: Eliana Garces, Senior Advisor, Analysis Group Hosted by: Matthew Hall, McGuireWoods London LLP and Jaclyn Phillips, White & Case LLP…
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Our Curious Amalgam
1 #251 How Is Gender Relevant to Competition Law? The OECD’s Gender Inclusive Competition Toolkit 35:01
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Play Later Play Later Lists Like LikedGender differences are often overlooked when conducting competition law analysis. How should gender impact the work of competition regulators? Lynn Robertson, Competition Expert at the OECD's Competition Policy Division and co-author of the OECD's Gender Inclusive Competition Toolkit, joins Alicia Downey and Matthew Hall to discuss the Toolkit project. Listen to this episode to learn more about the background to the project, the key insights and findings set out in the Toolkit and the OECD's future work in this area. With special guest: Lynn Robertson, Competition Expert, Competition Policy Division, Directorate for Financial and Enterprise Affairs, OECD Related Links: OECD Gender Inclusive Competition Toolkit Hosted by: Alicia Downey, Principal, Downey Law LLC and Matthew Hall, Partner, McGuireWoods London LLP…
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Our Curious Amalgam
1 #250 How Are We Celebrating Our 250th Episode? A Look Back at the Top Episodes of All Time 40:20
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Play Later Play Later Lists Like LikedOur Curious Amalgam is celebrating its 250th episode by hosting a family reunion! In this episode, former and current regular hosts Alicia Downey, Anora Wang, Matthew Hall, Christina Ma, Anant Raut, and Sergei Zaslavsky highlight the some of the Top 5 most listened-to episodes, year by year, since OCA first launched in 2019. In addition to looking back at the most popular episodes, we talk about undiscovered gems in the archives and the most important legal trends and developments that have occurred since Episode #1. Listen to this episode for a special look back at the greatest hits of Our Curious Amalgam and discover how they are still relevant today. With special guests: Matthew Hall, McGuireWoods LLP, Christina Ma, Wachtell, Lipton, Rosen & Katz, Anant Raut, Trust & Trade and Sergei Zaslavsky, O'Melveny & Myers LLP Related Links: Trust and Trade Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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Our Curious Amalgam
1 #249 What Happens When Competition and Geopolitical Issues Intertwine? Surveying the Landscape of the Global Semiconductor Sector 19:58
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Play Later Play Later Lists Like LikedAre you curious about issues related to competition and geopolitical concerns in the global semiconductor sector? In this episode, Barry Nigro and Alicia Downey talk to Arnold & Porter partner David Emanuelson, formerly in-house M&A counsel for Intel Corporation, about how the Chinese government's State Administration for Market Regulation (SAMR) approaches merger clearance. Listen to this episode to learn about the geopolitical pressures on the semiconductor industry and what antitrust counsel can do to improve the chances of getting a deal cleared in China. With special guest: David Emanuelson, Arnold & Porter Related Links: David Emanuelson & Danielle Drory, "The Potential Chilling Effects of Lowering Standards for Tech M&A Enforcement," 34 Antitrust 14 (2020) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Alicia Downey, Downey Law LLC…
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Our Curious Amalgam
1 #248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates 25:24
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Play Later Play Later Lists Like LikedFor decades, Section 8 of the Clayton Act--which prohibits two competing corporations from sharing a common director--was rarely enforced by the U.S. antitrust agencies, and corporations were for the most part left to regulate themselves. In this episode, Alicia Downey and Sergei Zaslavsky talk to antitrust practitioner Diane Hazel about how the U.S. Department of Justice and the Federal Trade Commission have recently been focusing a lot more attention on identifying Section 8 violations based on an expansive view of the scope of the statute. Listen to this episode to learn about recent enforcement trends and what companies can do to avoid potentially unlawful interlocking directorates. With special guest: Diane Hazel, Foley & Lardner LLP Related Links: Benjamin R. Dryden, Diane Hazel & Richard L. Flannery, An Analysis of the “Deputization” Theory of Section 8 of the Clayton Act, Antitrust Source (August 31, 2023) Diane Hazel, Richard L. Flannery & Benjamin R. Dryden, How To Assess Interlocking Directorates In Antitrust Ramp-Up, Law 360 (October 25, 2022) ABA Antitrust Law Section, Interlocking Directorates Handbook (2011) Hosted by: Alicia Downey, Downey Law LLC and Sergei Zaslavsky, O'Melveny & Myers LLP…
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Our Curious Amalgam
1 #247 Has the System Derailed? The State of Competition in the US Freight Rail Sector 43:05
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Play Later Play Later Lists Like LikedSome have expressed concerns over a lack of competition in the U.S. rail freight and passenger services markets. How the U.S. freight rail system works and is competition an issue in the sector? Dr. Russell Pittman, the Director of Economic Research in the Antitrust Division of the U.S. Department of Justice, examines the state of competition in the freight rail sector with Barry Nigro and Anora Wang. We'll take a deep dive into the participants of the market, the competition concerns, the recent challenges, and high-level observations. Join us to learn more! With special guest: Dr. Russell Pittman, Director of Economic Research, Antitrust Division of the U.S. Department of Justice Related Links: Press Release, STB Issues Proposed Rule Regarding Reciprocal Switching for Inadequate Service (Sept. 7, 2023) Press Release, Surface Transportation Board Adopts New Rules for Smaller Rate Disputes (Dec. 19, 2022) Press Release, STB Approves CP/KCS Merger with Conditions and Extended Oversight Period (Mar. 15, 2023) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP…
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Our Curious Amalgam
1 #246 What’s New in Antitrust and Tech? Unpacking FTC v. Amazon 34:36
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Play Later Play Later Lists Like LikedIn September 2023, the Federal Trade Commission and 17 states filed a massive, landmark antitrust lawsuit against Amazon, alleging that Amazon engaged in anti-competitive and unfair practices to expand and maintain an illegal monopoly in two online markets, the market for marketplace services, where sellers buy services from Amazon, and the consumer-facing market for online superstores. The complaint focuses on two main theories: anti-discounting and tying Prime eligibility to Amazon's fulfillment services. Adam Kovacevich, Founder and CEO of Chamber of Progress, speaks about the potential consequences of this suit for antitrust enforcement, consumers, and other companies. Tune in to find out more about the complaint, its potential consequences for antitrust enforcement, consumers, and other firms competing in the online marketplace. With special guest: Adam Kovacevich, Founder and CEO, Chamber of Progress Related Links: FTC Sues Amazon for Illegally Maintaining Monopoly Power Complaint Amazon: The FTC’s lawsuit against Amazon would lead to higher prices and slower deliveries for consumers—and hurt businesses Hosted by: Jana Seidl, Baker Botts LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP…
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