Libsyn Directory

#107 How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act

Release Date: 03/22/2021

#269 What’s New in Antitrust and Tech? Unpacking United States v. Apple

Our Curious Amalgam

On 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...

#268 Bringing Big Tech to Heel? Compliance Day Under the EU Digital Markets Act

Our Curious Amalgam

The 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...

#267 Dial L for Liability? Evolving Restrictions on Telemarketing to Consumers

Our Curious Amalgam

Anyone 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...

#266 Is It Time To Burst the Bubble? Antitrust Law in the Age of the Polycrisis

Our Curious Amalgam

The 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...

#265 Can I Avoid Targeted Ads? The EU Rules on Pay or OK

Our Curious Amalgam

Many 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...

#264 What’s Wrong With Having Lots of Patents? Patent Thickets and Antitrust Law

Our Curious Amalgam

It'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,...

#263 What’s the Role of a Magistrate Judge? Conversation With Judge Lindsey Vaala

Our Curious Amalgam

The 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...

#262 What’s Up With U.S. Merger Remedies?

Our Curious Amalgam

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...

#261 Can Demanding Price Parity Harm Competition? The MFN Paradox

Our Curious Amalgam

When 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...

#260 What’s The (Data Protection) Difference? An EU/U.S. Comparison of Personal Data Protection Issues In Merger and Behavioural Investigations

Our Curious Amalgam

Large 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,...

More Episodes

U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some newer theories. But can it go too far to bring certain challenges under Section 2 of the Sherman Act? Koren Wong-Ervin, partner at Axinn, Veltrop, & Harkrider LLP, and a recognized thought leader in the antitrust bar, speaks with Anora Wang and John Roberti on the critical differences and issues involved in merger challenges brought under Section 2 of the Sherman Act, as compared to Section 7 of the Clayton Act. Listen to this episode to learn about the most recent development in U.S. merger enforcement.

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