#266 Is It Time To Burst the Bubble? Antitrust Law in the Age of the Polycrisis
Release Date: 03/25/2024
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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...
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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. With special guest: Dr. Andrew Stivers, Managing Director, NERA Hosted by: Jaclyn Phillips, White & Case and Alysha Pannu,...
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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...
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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. With special guest: Abraham...
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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. With special...
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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. With special...
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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. With special guests: Daniel Francis, Associate Professor of Law, NYU Law School D. Bruce Hoffman, Partner, Cleary Gottlieb Steen &...
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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...
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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...
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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. With special guest: Professor Nicolas Petit, Professor, European University Institute;...
info_outlineThe 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