Our Curious Amalgam

Afleveringen

1. #401 A Series of Unfortunate Events? Verisk Analytics v. AccuLynx and Lessons Learned

   26 oktober 2026 · 27 min

   Afspelen
   Verisk’s $2.35 billion acquisition of AccuLynx unexpectedly drew FTC scrutiny when Verisk, after announcing its acquisition of AccuLynx, stopped pursuing an enhanced pricing integration with AccuLynx’s competitor ServiceTitan, prompting the FTC to explore a novel “market reset” theory. The Delaware Court of Chancery later held that Verisk could not terminate the deal because its own “willful conduct” was the primary cause of the deal failing to satisfy the HSR closing condition and ordered specific performance. What happened to make this deal go wrong, and what can we learn from it? David Pearl, partner at HSF Kramer, joins Jeny Maier and Brian Auricchio to discuss the FTC's market-reset theory, the distinction between “willful conduct” and “willful breach,” and the implications for drafting merger agreements and assessing antitrust risk. Lees meer

   With special guest:
   David Pearl, Partner, HSF Kramer

   Related Links:
   Delaware Chancery Court Opinion

   Hosted by:
   Jeny Maier, Axinn and Brian Auricchio, Haug Partners

2. #400 Is California Dreamin’ of Merger Challenges? Diving Into the Golden State’s HSR Notification Regime

   19 oktober 2026 · 21 min

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   State-level pre-merger notification requirements are becoming more popular. But what is happening in California? Heather Greenfield, partner at White & Case, joins Jaclyn Phillips and Puja Patel to discuss how California's law fits into an overall notification strategy. Listen to this episode to learn more about what to expect and how to prepare when the law becomes effective on January 1, 2027. Lees meer

   With special guest:
   Heather Greenfield, Partner, White & Case

   Hosted by:
   Jaclyn Phillips, Proskauer Rose and Puja Patel, Cleary Gottlieb Steen & Hamilton

3. #399 Who Has the Inside Track on Litigation Risk? An In-House View From the Markets

   12 oktober 2026 · 34 min

   Afspelen
   What does competition and litigation risk look like from inside a company operating at the intersection of financial markets, data, technology, and regulation? Kay Lynn Brumbaugh, Head of Litigation, Group Legal at London Stock Exchange Group plc (LSEG), joins Anora Wang and Matthew Hall to share an in-house perspective on managing disputes in a highly regulated global business. Listen to this episode to learn how issues involving data access, market infrastructure, AI, and overlapping regulatory regimes look from inside the client. Lees meer

   With special guest:
   Kay Lynn Brumbaugh, Head of Litigation, Group Legal, London Stock Exchange Group plc

   Related Links:
   LSEG website

   Hosted by:
   Anora Wang, Quinn Emanuel and Matthew Hall, McGuireWoods

4. #398 What's 340B? An Economist's View of the Recent Wave of 340B Litigation

   5 oktober 2026 · 27 min

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   The Federal 340B Drug Pricing Program has grown from a modest drug discount program into a massive federal program involving pharmaceutical manufacturers, hospitals, pharmacies, insurers, and third-party administrators. But when can similar conduct by participants in this program suggest coordination or raise other competition concerns? Archan Ruparel, economist at Charles River Associates, joins Brian Auricchio and Jaclyn Phillips to discuss economic considerations when evaluating potential antitrust concerns relating to 340B. Listen to this episode to learn more about factors that can help analyze this conduct. Lees meer

   With special guest:
   Archan Ruparel, Charles River Associates

   Hosted by:
   Brian Auricchio, Haug Partners and Jaclyn Phillips, Proskauer Rose

5. #397 What’s Next for the ABA Antitrust Law Section? Stability, Balance, and Value

   28 september 2026 · 33 min

   Afspelen
   What’s ahead for the ABA Antitrust Law Section in 2026–2027? Section Chair Melanie Aitken and Counsel to the Chair Christina Skinner join Our Curious Amalgam to discuss Melanie’s vision for the Section and her priorities for the coming year. Listen to this episode to learn how under Melanie’s leadership, the Section plans to double down on its value to members, strengthen its leadership and processes, and remain a home for vigorous debate and a broad range of perspectives across the antitrust community. Lees meer

   With special guests:
   Melanie Aitken, Chair, ABA Antitrust Law Section and Christina Skinner, Counsel to the Chair, ABA Antitrust Law Section

   Hosted by:
   Anora Wang and Lexi Michaud, Fried Frank

6. #396 Is EU Law on Abuse of Dominance Now Clear? The ECJ’s Judgment in Google Android

   21 september 2026 · 41 min

   Afspelen
   The European Court of Justice's judgment in Google Android is one of the most consequential EU competition law judgments of the last decade. But why is it so important? Thomas Höppner, lawyer at Geradin Partners, joins Matthew Hall and Subrata Bhattacharjee to discuss the key issues raised and their relevance to abuse of dominance cases generally. Listen to this episode to learn more about counterfactual analysis, the relevance of context and the latest on the as-efficient-competitor test and principle. Lees meer

   With special guest:
   Thomas Höppner, partner, Geradin Partners

   Related Links:
   European Court of Justice judgment, Google Android, 2 July 2026

   Hosted by:
   Matthew Hall, McGuireWoods and Subrata Bhattacharjee, Borden Ladner Gervais

7. #395 Which Side of the V? Larry Buterman on Trying Antitrust Cases for the Government and Against It

   14 september 2026 · 37 min

   Afspelen
   Larry Buterman is one of the rare antitrust attorneys who has successfully first chaired landmark cases both at the DOJ Antitrust Division and in private practice. In this career profile, co-hosts Derek Jackson and Lexi Michaud ask Larry about the differences and similarities in representing the DOJ versus representing a private party, about Larry's trial war stories (including his cross-examination of a famous athlete), about advice for aspiring litigators, and more. Listen to this episode to learn about the experience of an antitrust trial lawyer and how you might become one too. Lees meer

   With special guest:
   Larry Buterman, Partner, Latham & Watkins LLP

   Hosted by:
   Derek Jackson, Cohen & Gresser and Lexi Michaud, Fried Frank

8. #394 A Tribute to Randy Picker: Revisiting Episode #74 on the Implications of DOJ's Case Against IBM

   7 september 2026 · 40 min

   Afspelen
   We are re-releasing this episode in tribute to Prof. Randy Picker, who passed away on August 15, 2026. In 2020, Randy joined co-hosts Anora Wang and John Roberti for an episode on the 13-year-long U.S. antitrust case against IBM brought in 1969, exploring how U.S. antitrust dealing with tech ranges from early government cases involving punch cards to government probes into today's platforms, and how antitrust enforcement can impact the technology landscape for decades later. Years later, the episode holds up remarkably well - the questions Randy raised about whether the antitrust past would repeat itself in the tech world remain just as central to today's platform antitrust cases and debates over Big Tech enforcement. We share Randy's episode again in celebration of his generosity, insight, and decades of contribution to antitrust scholarship. Lees meer

   With special guest:
   Randal C. Picker, James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School

   Related Links:
   Randal C. Picker, renowned legal scholar, 1959-2026

   Hosted by:
   Lexi Michaud, Fried Frank; Anora Wang; and John Roberti, Zaiger Linden Roberti & Pepe

9. #393 Who Gets To Say the Price Is Right? State Regulation of AI Pricing

   31 augustus 2026 · 30 min

   Afspelen
   Several U.S. states have recently passed legislation aimed at AI pricing tools that use consumer or competitor data. What is driving this spate of legislation, what different approaches are the states taking, and are the states sufficiently accounting for possible unintended consequences? In this episode, hosts Sergei Zaslavsky and Alicia Downey talk to Orrick partner Shannon Yavorksy about the pros and cons of AI pricing and the emerging regulatory patchwork in this area. Listen to this episode to hear about the latest developments in AI pricing regulation and what the future might hold. Lees meer

   With special guest:
   Shannon Yavorksy, Partner, Orrick, Herrington & Sutcliffe LLP

   Related Links:
   Shannon Yavorsky & David Curtis, Algorithmic Pricing Under Scrutiny: What You Need to Know (June 9, 2026)

   Hosted by:
   Sergei Zaslavsky, O’Melveny & Myers and Alicia Downey, Downey Law

10. #392 Do I Really Need To File? HSR Avoidance and the Edwards/Genesis Settlement

    24 augustus 2026 · 38 min

    Afspelen
    For nearly 50 years, the Hart-Scott-Rodino Act has given antitrust enforcers a chance to review deals above a certain value before they can close. What happens when the government concludes a transaction was structured intentionally to slip past that review entirely? On this episode of Our Curious Amalgam, we speak with Evan Miller of Vinson & Elkins about HSR Act avoidance and the FTC’s record-setting $12 million settlement with Edwards Lifesciences and Genesis MedTech over Edwards Lifesciences’s acquisition of JC Medical from Genesis. We discuss how the JC Medical deal was valued and structured, how the parties' failure to file played a role in the FTC’s separate challenge to Edwards’s contemporaneous JenaValve acquisition, what deal teams should consider when assessing a transaction close to the HSR threshold, what the settlement signals about the FTC’s current approach to premerger notification enforcement, and more. Lees meer

    With special guest:
    Evan Miller, Vinson & Elkins LLP

    Hosted by:
    Lexi Michaud, Fried Frank and Jeny Maier, Axinn

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