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

Our Curious Amalgam

Release Date: 03/18/2024

#283 Who Should Competition Law Work For? Enforcement Against Restrictive Labour Market Agreements in the EU show art #283 Who Should Competition Law Work For? Enforcement Against Restrictive Labour Market Agreements in the EU

Our Curious Amalgam

Labour 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...

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#282 Has the Scrutiny Reached a Fever Pitch? Taking the Temperature of Private Equity in Healthcare show art #282 Has the Scrutiny Reached a Fever Pitch? Taking the Temperature of Private Equity in Healthcare

Our Curious Amalgam

Private 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...

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#281 What Are the Australian Competition and Consumer Commission’s Plans for Enforcement? Breaking It Down From A To Triple C show art #281 What Are the Australian Competition and Consumer Commission’s Plans for Enforcement? Breaking It Down From A To Triple C

Our Curious Amalgam

The 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: Hosted by: Jaclyn...

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#280 Does the FTC Ban Get It Right or Go Too Far? Economists Debate the FTC Non-Compete Rule show art #280 Does the FTC Ban Get It Right or Go Too Far? Economists Debate the FTC Non-Compete Rule

Our Curious Amalgam

The 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...

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#279 How Does U.S. Law Promote Competition in Agricultural Markets? show art #279 How Does U.S. Law Promote Competition in Agricultural Markets?

Our Curious Amalgam

The 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...

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#278 Who Is Krisztian Katona? Meet an International Competition Lawyer show art #278 Who Is Krisztian Katona? Meet an International Competition Lawyer

Our Curious Amalgam

Not 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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#277 Still Going Strong at 20? A Conversation With the Architect of the EU Merger Regulation 2004 show art #277 Still Going Strong at 20? A Conversation With the Architect of the EU Merger Regulation 2004

Our Curious Amalgam

The 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,...

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#276 Does a Year Make a Difference? The Regulation of Influencers Under the 2023 Revised FTC Endorsement Guides show art #276 Does a Year Make a Difference? The Regulation of Influencers Under the 2023 Revised FTC Endorsement Guides

Our Curious Amalgam

An 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...

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#275 What's Happening in New Zealand, Israel, and Norway? Catching Up With International Enforcers at the 2024 Spring Meeting show art #275 What's Happening in New Zealand, Israel, and Norway? Catching Up With International Enforcers at the 2024 Spring Meeting

Our Curious Amalgam

While 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...

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#274 What's Happening in Hong Kong and Japan? Catching Up With International Enforcers at the 2024 Spring Meeting show art #274 What's Happening in Hong Kong and Japan? Catching Up With International Enforcers at the 2024 Spring Meeting

Our Curious Amalgam

In 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,...

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More Episodes

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 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