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406 afleveringen, van nieuw naar oud
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#351 How Should Intent Apply in Competition Law? A Discussion With Maya-Salomé Garnier
10 november 2025 · 38 min
The concept of intent is usually considered of little relevance to EU competition law enforcement and practice. But is that the reality and should this change? Maya-Salomé Garnier, lecturer at Aix-Marseille University, joins Matthew Hall and Alysha Pannu to discuss her book "Intent in Competition Law", which is the published version of her 2023 PhD thesis. Listen to this episode to learn more about the real role of intent in competition law and how an understanding of this can be used in practice. Lees meer
With special guest:
Maya-Salomé Garnier, Maître de conférences en droit privé et sciences criminelles, Aix-Marseille Université, France
Related Links:
Intent in Competition Law, Maya-Salomé Garnier (Concurrences, 2025)
Hosted by:
Matthew Hall, McGuireWoods and Alysha Pannu, Osler Hoskin & Harcourt
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#350 What’s the Deal With Reverse Acquihires? Considering Antitrust and HSR Implications
3 november 2025 · 28 min
Reverse acquihires are turning traditional merger dynamics on their head, raising fresh questions for dealmakers and regulators alike. But what exactly are the antitrust and HSR implications when talent, not technology or assets, drives the transaction? Sam Weinstein, Professor of Law at the Benjamin N. Cardozo School of Law, joins hosts Lexi Michaud and Anant Raut to unpack how reverse acquihires fit within existing merger frameworks, what, if anything, triggers reporting obligations, and where enforcement agencies may focus next. Listen to this episode to learn more about how shifting deal structures are testing the boundaries of antitrust review and compliance. Lees meer
With special guest:
Sam Weinstein, Professor of Law at the Benjamin N. Cardozo School of Law and Faculty Co-Director of the Heyman Center on Corporate Governance
Related Links:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5316792
Hosted by:
Lexi Michaud, Fried Frank and Anant Raut
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#349 What’s the Price Tag on Privacy? Turning Data Leaks Into Dollar Figures
27 oktober 2025 · 29 min
Privacy litigation in the U.S. is at an all-time high owing in part to the growing body of privacy laws, particularly at the state level. But are there unique challenges associated with litigating privacy breaches? Dr. Andrew Stiver joins Jaclyn Phillips and Alysha Pannu to discuss privacy harms and how economic harm is measured for these harms. Listen to this episode if you want to learn more about how privacy harms are quantified in the context of litigation. Lees meer
With special guest:
Dr. Andrew Stivers, Managing Director, NERA
Hosted by:
Jaclyn Phillips, White & Case and Alysha Pannu, Osler Hoskin & Harcourt
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#348 Why Some Retail Deals Get Deeper Scrutiny? An Examination of Retail Merger Review and Analysis
20 oktober 2025 · 23 min
In recent years, retail mergers have gotten more attention as consumers have grown more concerned with consolidation and how that impacts their pocketbooks. While antitrust enforcers scrutinize all retail mergers, not all have gotten a deeper look. How do enforcers decide which retail deals require deeper scrutiny? Emily Blackburn, Counsel at King & Spalding, and Laura Onken, Counsel at Axinn discusses their observations and insights on how enforcers analyze retail deals with Amanda Hamilton and Anora Wang. Listen to this episode to learn about how enforcers evaluate market definition and divestitures in retail mergers. Lees meer
With special guests:
Emily Blackburn, Counsel, King & Spalding LLP and Laura Onken, Counsel, Axinn, Veltrop & Harkrider LLP
Hosted by:
Amanda Hamilton, NexArc Strategies and Anora Wang, Arnold & Porter
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#347 Where Do We Draw the Line? The Intersection of the First Amendment and Antitrust Under the Noerr-Pennington Doctrine
13 oktober 2025 · 33 min
The Noerr-Pennington doctrine is rooted in the First Amendment, and exempts certain activities involving petitioning the government from the normal rules of antitrust enforcement. But where do we draw the line on what activity is and is not protected? Abraham Chang, partner at Norton Rose Fulbright, joins Derek Jackson and Sergei Zaslavsky to discuss the Noerr-Pennington doctrine's roots, its limits, and how it gets applied (and sometimes litigated) in practice. Listen to this episode to learn more about this important, but perhaps less well understood, doctrine. Lees meer
With special guest:
Abraham Chang, Partner, Norton Rose Fulbright LLP
Hosted by:
Derek Jackson, Cohen & Gresser and Sergei Zaslavsky, O’Melveny & Myers
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#346 Who Is Elizabeth Odette? Meet the Chair of NAAG's Multistate Antitrust Task Force
6 oktober 2025 · 31 min
State attorneys general are playing an increasingly important role in investigating and challenging antitrust violations that affect their constituents. In this episode, co-hosts James Hunsberger and Alicia Downey find out what the National Association of Attorneys General's Multistate Antitrust Task Force has been up to under the leadership of Task Force Chair Elizabeth Odette of the Office of the Attorney General of Minnesota. Listen and learn how the Task Force has been helping states save resources and improve outcomes by coordinating their antitrust efforts and priorities. Lees meer
With special guest:
Elizabeth Odette, Assistant Attorney General, Office of the Minnesota Attorney General, Antitrust Division
Related Links:
NAAG Multistate Task Force website
Hosted by:
James Hunsberger, Axinn, Veltrop & Harkrider and Alicia Downey, Downey Law
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#345 Who Is Renata Hesse? Meet the 2025-26 Antitrust Law Section Chair
29 september 2025 · 23 min
August marks the beginning of a new ABA Antitrust Law Section year under the leadership of a new Chair. In this episode, co-hosts Anora Wang and Alicia Downey talk with Sullivan & Cromwell partner Renata Hesse, a longtime Section leader whose term as Chair began in August 2025. Our other featured guest is Renata's colleague Dan Richardson, who supports Renata as Counsel to the Chair. Listen to this episode to hear about Renata's priorities and goals for the 2025-26 year, and her commitment to ensuring that the Section serves as a forum for open dialogue and civil debates. Lees meer
With special guests:
Renata B. Hesse, Sullivan & Cromwell LLP and Daniel J. Richardson, Sullivan & Cromwell LLP
Hosted by:
Anora Wang, Arnold & Porter Kaye Scholer LLP and Alicia Downey, Downey Law LLC
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#344 What Happens When Antitrust Lawyers Form a Bar Band? Behind the Music of Side Hustle
22 september 2025 · 34 min
Antitrust lawyers by day, rock stars by night. Who are the members of Side Hustle, the Antitrust Law Section’s unofficial house band? They include prominent members of the antitrust law community, with more than a century of combined experience working in government, private practice, and academia. In this episode we’ll learn what has kept Side Hustle rocking on for the past several years and why the members can't wait to play at the 2026 Spring Meeting. Lees meer
With special guests:
Daniel Francis, Associate Professor of Law, NYU Law School
D. Bruce Hoffman, Partner, Cleary Gottlieb Steen & Hamilton LLP
Jay Jurata, Partner, Dechert LLP
Tara Koslov, Former Deputy Director, Bureau of Competition, Federal Trade Commission; Independent Professional Coach
Anna Rathbun, Partner, Latham & Watkins LLP
Michael Weeldreyer, Senior Manager, Converged Surface Systems | Weapons | Unmanned Integration, Lockheed Martin
Related Links:
Side Hustle official website
Hosted by:
Alicia Downey, Downey Law LLC and Subrata Bhattacharjee, Borden Ladner Gervais LLP
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#343 FTC v. DOJ: Who Wore It Better?
15 september 2025 · 40 min
Why does the U.S. have two antitrust enforcement agencies—and how do they really differ in practice? In this episode, Puja Patel and Barry Nigro are joined by Debbie Majoras, former FTC Chair and former Deputy Assistant Attorney General at the DOJ Antitrust Division, to explore the procedural, cultural, and strategic distinctions between the FTC and DOJ. From procedural standards to enforcement style, merger review processes, and even remedy structures, Debbie reflects on her leadership experience at both agencies and offers practical insights for practitioners navigating the divide. Tune in to hear how these differences shape competition enforcement—and why they matter for clients, courts, and the future of antitrust. Lees meer
With special guest:
Debbie Majoras
Hosted by:
Puja Patel, Cleary Gottlieb Steen & Hamilton LLP and Barry Nigro, Fried, Frank
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#342 Can Antitrust Be More Innovation-Centric? An Economic Conversation With Professor Richard Gilbert
8 september 2025 · 30 min
Innovation is central to long-term economic welfare and deserves greater emphasis in antitrust policy. But can U.S. antitrust law be reshaped to be more innovation-centric? Professor Richard Gilbert joins hosts Anora Wang and Panos Dimitrellos to examine the relationship between competition and innovation, how agencies and courts have recently treated innovation, and practical tools for assessing innovation effects in mergers and conduct cases.
Listen to this episode to learn more about navigating the shift toward an innovation-centric antitrust regime, the empirical methods that can reveal innovation harms, and how to balance short-term price effects against long-term technological progress. Lees meerWith special guest:
Richard J. Gilbert, Professor, University of California at Berkeley
Related Links:
https://direct.mit.edu/books/oa-monograph/4844/Innovation-MattersCompetition-Policy-for-the-High
https://www.americanbar.org/content/dam/aba/publications/antitrust/journal/86/issue-3/antitrust-for-innovation.pdf
https://eml.berkeley.edu/~gilbert/Selected%20Papers/Gilbert-Melamed%20final%20pre-publication.pdf
Hosted by:
Panos Dimitrellos, Secretariat Economists LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#341 How Should Killer Acquisitions Be Assessed? A Discussion With Professor Nicolas Petit
1 september 2025 · 42 min
Merger control regulators in the EU and around the world continue to focus on killer acquisitions. But is this concern justified in the digital sector? Professor Nicolas Petit, a leading competition law academic, joins Matthew Hall and Blair Matthews to discuss the Antitrust Law Journal article on the subject he co-authored and killer acquisitions generally. Listen to this episode to learn more about the methodology behind and findings in the paper and why the concerns on this issue may not be justified. Lees meer
With special guest:
Professor Nicolas Petit, Professor, European University Institute; Visiting Professor, George Mason University, Scalia School of Law
Related Links:
Killer Acquisitions: Evidence from European Merger Cases, Antitrust Law Journal, Volume 86, Issue 3, 22 May 2025 (subscribers)
Federal Trade Commission press release, FTC Seeks to Block Virtual Reality Giant Meta’s Acquisition of Popular App Creator Within, 27 July 2022
Federal Trade Commission amended complaint against Meta, 7 October 2022
Hosted by:
Matthew Hall, McGuireWoods London LLP and Blair West Matthews, Cleary Gottlieb
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#340 How Do You Win (and Not Lose) a Merger Trial?
25 augustus 2025 · 26 min
Merger litigation is fast, high-stakes, and often unpredictable. So what does it take to win—or avoid losing—when the government challenges a deal? In this episode, Puja Patel and James Hunsberger are joined by Kieran Gostin, a partner at Wilkinson Stekloff and a seasoned merger trial lawyer who helped Microsoft defeat the FTC in its challenge to the Activision acquisition. From trial preparation strategy to expert witness credibility, internal documents versus economic modeling, and real-world lessons from Microsoft/Activision, the conversation covers both foundational insights and tactical advice. Listen in to learn what parties, practitioners, and economists need to consider long before a complaint is ever filed—and what really moves the needle in court. Lees meer
With special guest:
Kieran Gostin, Partner, Wilkinson Stekloff
Hosted by:
Puja Patel, Cleary Gottlieb Steen & Hamilton LLP and James Hunsberger, Axinn, Veltrop & Harkrider LLP
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#339 How Do Presidents Shape Antitrust? The Oval Office and the Enforcement Pendulum
18 augustus 2025 · 35 min
Antitrust enforcement can change dramatically between Presidential administrations. What makes the political winds flip between more and less enforcement? In this episode, former Deputy Assistant Attorney General Michael Kades joins hosts Anant Raut and Anna Olson to step back and draw insightful themes from the history of antitrust enforcement across Presidential administrations. Lees meer
With special guest:
Michael Kades, Partner, Nachawati Law Group
Hosted by:
Anant Raut and Anna Olson
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#338 How Clean Are Your Claims? Understanding the New Anti-Greenwashing Amendments to Canada’s Competition Act
11 augustus 2025 · 22 min
Among the recent amendments to Canada's Competition Act are new provisions targeting so-called “greenwashing,” i.e., misleading claims in advertising regarding the environmental benefits of a product. In a related development, the Competition Bureau has issued guidelines concerning its enforcement approach to environmental claims under the new law. What will be the impact of the changes on companies and consumers? In this episode, Alicia Downey and Anora Wang talk to Canadian consumer protection lawyer Candice Kloes about the amendments, the guidelines, and the increased risks and compliance burdens posed by public-facing environmental claims in Canada. Lees meer
With special guest:
Candice Kloes, Counsel, Borden Ladner Gervais LLP
Related Links:
Dionysios Rossi, Denes A. Rothschild, Candice Kloes, Roark Lewis, and Jessica Hennings, “False advertising and greenwashing: Bill C-59 changes to Competition Act” (July 2024)
Candice Kloes, Roark Lewis, Denes A. Rothschild, Rick Williams, and Sadie Glickman, Canada's greenwashing crackdown: New guidelines & private right of action (July 2025)
Canada’s Zero Plastic Waste Agenda
Hosted by:
Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#337 What Are the Risks of a Minority Shareholding? The European Commission’s Decision in Delivery Hero/Glovo
4 augustus 2025 · 36 min
In June 2025, the European Commission announced a decision under which it fined two competing online food delivery companies a combined total of €329 million for cartel behaviour that took place while one company held a minority stake in the other company. The infringing behaviour included, among other things, exchanging competitively sensitive information “beyond what was needed for a corporate investor to protect a financial investment decision.” Does the Delivery Hero/Glovo decision suggest that minority shareholdings may be subject to stricter scrutiny going forward? Hosts Matthew Hall and Alicia Downey talk to Brussels-based competition lawyer Peter Camesasca about what the decision means and its practical implications for compliance counseling. Lees meer
With special guest:
Peter D. Camesasca, Ph.D., Advokaat BVBA
Related Links:
Peter Camesasca, Minority Stakes as a Conduit for Cartelization, and No Poach to Boot: The EU Decision in Delivery Hero/Glovo
European Commission press release (2 June 2025)
Commissioner Ribera remarks (2 June 2025)
Hosted by:
Matthew Hall, McGuireWoods London LLP and Alicia Downey, Downey Law LLC
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#336 What Are the Risks of Serial Acquisitions? Empirical Evidence From the Dialysis Industry
28 juli 2025 · 39 min
There is a growing interest in understanding the economics of serial acquisitions, particularly in the healthcare industries and markets, and whether such corporate strategies lead to changes in prices and quality causing antitrust concerns. What has been found in existing economic studies? Paul Eliason, Assistant Professor of Economics at Brigham Young University and co-author of a leading study on serial acquisitions focusing on the dialysis industry, discusses his observations and insights with Anora Wang and Derek Jackson. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition policy. Lees meer
With special guest:
Dr. Paul Eliason, Assistant Professor of Economics, Brigham Young University
Related Links:
How Acquisitions Affect Firm Behavior and Performance: Evidence from the Dialysis Industry, Journal of Quarterly Economics
Hosted by:
Anora Wang, Arnold & Porter Kaye Scholer LLP and Derek Jackson, Cohen & Gresser LLP
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#335 Are You Ready To Respond? Developments in Competition Law Dawn Raids
21 juli 2025 · 34 min
The "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. Lees meer
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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#334 What’s the Word on Wage-Fixing? Cracking Down on Collusion Among Employers
14 juli 2025 · 28 min
The 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. Lees meer
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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#333 Is Antitrust Fashionable This Season? Antitrust in the Fashion Industry
7 juli 2025 · 39 min
What 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. Lees meer
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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#332 What Is the Role of Behavioural Economics in Consumer Protection Enforcement? The UK’s New DMCC Act Regime
30 juni 2025 · 39 min
The 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. Lees meer
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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#331 Wait, We Have to Tell Who? What You Need to Know About State Premerger Notifications
23 juni 2025 · 29 min
State 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. Lees meer
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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#330 What's Happening in Paraguay and Costa Rica? Catching Up With International Enforcers at the 2025 Spring Meeting
16 juni 2025 · 24 min
While 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. Lees meer
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 RicaHosted by:
Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP
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#329 What's Happening in Hong Kong, the Philippines, and Japan? Catching Up With International Enforcers at the 2025 Spring Meeting
9 juni 2025 · 54 min
While 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. Lees meer
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 CommissionHosted by:
Alicia Downey, Downey Law LLC, Anora Wang, Arnold & Porter Kaye Scholer LLP, and Matthew Hall, McGuireWoods London LLP
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#328 What Should I Know About Nigeria, South Africa, Egypt and COMESA? Developments in Key African Regimes
2 juni 2025 · 46 min
Merger 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. Lees meer
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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#327 What's Happening in Germany and Portugal? Catching Up With International Enforcers at the 2025 Spring Meeting
26 mei 2025 · 36 min
While 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. Lees meer
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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#326 What's Happening in Italy and Greece? Catching Up With International Enforcers at the 2025 Spring Meeting
19 mei 2025 · 35 min
While 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. Lees meer
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 CommissionHosted by:
Alicia Downey, Downey Law LLC, Jaclyn Phillips, White & Case LLP, and Panos Dimitrellos, Secretariat Economists LLC
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#325 What’s Your POV? A Conversation With Former Italian Prime Minister Mario Monti at the 2025 Spring Meeting
12 mei 2025 · 32 min
While 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. Lees meer
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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#324 Is Green the New Black? Greenwashing and Consumer Protection in the Fashion Industry
5 mei 2025 · 29 min
Sustainability 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. Lees meer
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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#323 What’s Happening in the EU? A Conversation With DG COMP Director-General Olivier Guersent at the 2025 Antitrust Spring Meeting
28 april 2025 · 49 min
The 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. Lees meer
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 GuersentHosted by:
Matthew Hall, McGuireWoods London LLP
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#322 Prices on Your Mind? Using Economics To Understand Inflation, Tariffs, and Junk Fees
21 april 2025 · 27 min
We 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. Lees meer
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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#321 What Is Happening at the UK CMA? Impact of the Government’s New Approach
14 april 2025 · 33 min
The 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. Lees meer
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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#320 What Can In-House Counsel Do To Tame the Premerger Notification Beast? Practical Suggestions for Complying With the New HSR Rules
7 april 2025 · 34 min
New 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. Lees meer
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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#319 Can We Define Overlapping Markets? Understanding the Legal and Economic Arguments
31 maart 2025 · 38 min
Market 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. Lees meer
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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#318 How Hot Is Cartel Enforcement Around the Globe? Checking the Forecast for 2025 and Beyond
24 maart 2025 · 30 min
Cartel 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. Lees meer
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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#317 Is Artificial Intelligence Putting Data Privacy at Risk?: A New Wave of Investigations in Europe
17 maart 2025 · 28 min
The 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. Lees meer
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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#316 Does Taking Control of Your Health Mean Losing Control of Your Data? The Privacy Risks of Healthcare Apps
10 maart 2025 · 31 min
Millions 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. Lees meer
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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#315 Are You In or Are You Out? Using Economics to Identify and Quantify Potential Class Members
3 maart 2025 · 29 min
Private 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. Lees meer
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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#314 A New Era for Private Antitrust Litigation in China? Impact of the June 2024 Judicial Interpretation of the Supreme People’s Court
24 februari 2025 · 41 min
Private 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. Lees meer
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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#313 Who’s Blocking Me? Competition Law Issues With Healthcare Information Blocking
17 februari 2025 · 38 min
When 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. Lees meer
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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#312 What New Direction Will Europe Take? New Ideas and New Leadership at the European Commission
10 februari 2025 · 26 min
How 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. Lees meer
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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#311 What Will Happen to Competition Law Enforcement in Mexico? Implications of the November 2024 Reforms
3 februari 2025 · 33 min
The 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. Lees meer
With special guest:
Lucia Ojeda Cárdenas, partner, SAI Law & Economics
Related Links:
SAI memo November 2024, Bill to eliminate various autonomous constitutional
agencies, including COFECECOFECE press release November 2024, Position regarding the approval
of the reform on organic simplificationCOFECE 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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#310 What Do Enforcers Say? A Global Perspective on Antitrust Issues Involving Cloud Computing & Infrastructure
27 januari 2025 · 45 min
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). Lees meer
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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#309 Can You Click, Cancel, and Comply? How the FTC Is Unsubscribing Businesses From Deceptive Practices
20 januari 2025 · 20 min
The 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. Lees meer
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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#308 What Makes a Compliance Program Effective? The DOJ’s Updated Corporate Antitrust Compliance Program Guidance
13 januari 2025 · 35 min
The 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. Lees meer
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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#307 Will the Past Be the Future? Looking Back at 2024 and Forward to 2025
6 januari 2025 · 32 min
Happy 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. Lees meer
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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#306 How Do I Make a Competition Law Complaint in India? A Practical Discussion About Approaching the CCI
30 december 2024 · 43 min
India 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. Lees meer
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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#305 Is It Fair? The FTC’s Policies and Enforcement Actions on Unfair Methods of Competition Under Section 5
23 december 2024 · 33 min
The 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. Lees meer
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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#304 Is Per Se Here to Stay? Criminal Antitrust Cases Beyond United States v. Brewbaker
16 december 2024 · 27 min
In 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. Lees meer
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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#303 You’re Charging Me How Much? A Discussion of Personalized and Surveillance Pricing
9 december 2024 · 26 min
With 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. Lees meer
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 PricingHosted by:
Sergei Zaslavsky, O’Melveny & Myers LLP and Rubin Waranch, Cooley LLP
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#302 Are the Critics Wrong? How the Robinson-Patman Act Has Been Misunderstood by Its Detractors
2 december 2024 · 28 min
The 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. Lees meer
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.