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#284 How Do We Measure Innovation? The Economic Analysis of the Impact of M&A on Innovation in the Pharmaceutical Industry

Our Curious Amalgam

Release Date: 07/29/2024

#298 What Has Happened to Merger Control in India? The Impact of the September 2024 Changes show art #298 What Has Happened to Merger Control in India? The Impact of the September 2024 Changes

Our Curious Amalgam

Significant changes to the Indian merger control regime came into effect in September 2024. But what has happened? Nisha Kaur Uberoi, partner at JSA law firm in Mumbai, joins Puja Patel and Matthew Hall to discuss the changes and their likely practical impact on transactions affecting India. Listen to this episode to learn more about the changes including the new deal value threshold, the codification of the material influence test for control, new timelines and procedure and the impact of new definitions on the use of the Green Channel route for approval. With special guest: Nisha Kaur...

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#297 HSR You Kidding Me? Unpacking the New Requirements for Merging Parties in the U.S. show art #297 HSR You Kidding Me? Unpacking the New Requirements for Merging Parties in the U.S.

Our Curious Amalgam

Over a year after the FTC and DOJ first announced changes to the premerger notification form and associated rules under the Hart-Scott-Rodino Act, the final rules were released in October 2024. What do these new HSR rules mean in practice for parties to transactions that must make an HSR filing? Daniel Rosenthal, Special Counsel at Milbank, joins hosts Jaclyn Phillips and Matt Tabas to discuss these changes in detail. Listen to this episode to learn more about what has changed, what hasn't, and how you can start to prepare. With special guest: Daniel J. Rosenthal, Special Counsel, Milbank LLP...

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#296 How Should Competition Law Be Dealing With AI and Climate Change? show art #296 How Should Competition Law Be Dealing With AI and Climate Change?

Our Curious Amalgam

Can competition law save humanity? Over the past two years, Fiona Schaeffer has spurred on the lawyers, regulators, and economists of the ABA Antitrust Law Section to examine the role that antitrust law has, or potentially will have, in dealing with the existential challenges posed by climate change and the rise of artificial intelligence. In this episode, co-hosts Alicia Downey and Anora Wang talk with Fiona about why she chose to focus attention on these two issues during her recent term as Section Chair, and the insights that listeners should take away from the Section's work to date. With...

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#295 More or (Even) Less Certainty in EU Merger Control? The European Court of Justice Judgment in Illumina/GRAIL show art #295 More or (Even) Less Certainty in EU Merger Control? The European Court of Justice Judgment in Illumina/GRAIL

Our Curious Amalgam

The European Commission's attempt to claim jurisdiction under the EU merger rules over Illumina's acquisition of GRAIL ultimately resulted in a stinging court defeat for the regulator. But why did it lose and what will happen now to merger reviews of "below threshold" transactions in the EU? Nicole Kar, partner at Paul, Weiss in London, joins Matthew Hall and James Hunsberger to discuss the Commission's 2021 re-interpretation of its powers under Article 22 of the EU Merger Regulation, the European Court of Justice judgment striking that down and the alternative avenues for the Commission or EU...

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#294 Acquisitions or Not? Big Tech's Big Problems Investing in Artificial Intelligence show art #294 Acquisitions or Not? Big Tech's Big Problems Investing in Artificial Intelligence

Our Curious Amalgam

It's no secret that competition agencies in the U.S. and elsewhere have been scrutinizing Big Tech's efforts to acquire emerging players in the AI space. In this episode, Luis Blanquez of Bona Law, P.C., talks to co-hosts Alicia Downey and Anant Raut about how the enforcers' concerns are now extending to investments, licensing deals, and other types of transactions that fall outside merger clearance review. Will recently announced investigations into such transactions protect future rivals from Big Tech’s dominance or chill investments in AI technology innovation? Listen to this episode to...

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#293 Is the EU Position Now Clear? The European Commission’s Draft Guidelines on Exclusionary Abuses of Dominance show art #293 Is the EU Position Now Clear? The European Commission’s Draft Guidelines on Exclusionary Abuses of Dominance

Our Curious Amalgam

The European Commission's draft guidelines on exclusionary abuses of dominance will, once adopted, be a key document when applying EU competition law. But what is in the draft? Rona Bar-Isaac, head of competition at Addleshaw Goddard in London, joins Matthew Hall and Derek Jackson to discuss the draft guidelines and a controversial European Court of Justice judgment which was released soon after the publication of the guidelines. Listen to this episode to learn more about the components of the draft, including the Commission's two-stage approach for analysing potential exclusionary abuses of...

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#292 Thinking About Going Small? Starting Up a Solo or Small Firm Antitrust Practice show art #292 Thinking About Going Small? Starting Up a Solo or Small Firm Antitrust Practice

Our Curious Amalgam

Can a Big Law antitrust practitioner have a successful career as a solo or small firm lawyer? In this episode, antitrust trial lawyer Sean Gates and co-hosts Alicia Downey and Matt Reynolds talk about their experiences leaving large firms to strike out on their own in the middle of their careers. Listen to this episode to learn what motivated them to "go small," and why antitrust law offers unique challenges, opportunities, and rewards to those looking for an alternative to Big Law practice. With special guest: Sean Gates, Partner, Illovsky Gates & Calia LLP Hosted by: Alicia Downey,...

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#291 How Was Your Life In Antitrust? A Conversation With Jon Jacobson show art #291 How Was Your Life In Antitrust? A Conversation With Jon Jacobson

Our Curious Amalgam

What were the cases and controversies that defined a decades-long career as an antitrust lawyer and scholar? Hosts Alicia Downey and Subrata Bhattacharjee welcome former Antitrust Law Section Chair Jon Jacobson back to the podcast to talk about his newly-published memoir of the highs and lows of litigating some of the biggest antitrust cases in U.S. legal history. Listen to this episode to learn how trial lawyers like Jon have helped to shape U.S. competition law and public policy. With special guest: Jonathan Jacobson, Partner (retired), Wilson Sonsini Goodrich & Rosati Related Links: ...

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#290 Who Is Aviva Will? Antitrust Lawyer and Litigation Financing Entrepreneur show art #290 Who Is Aviva Will? Antitrust Lawyer and Litigation Financing Entrepreneur

Our Curious Amalgam

Antitrust and competition lawyers have a choice of career paths, including private practice, in-house, and public sector. What about the increasingly-important area of litigation finance? Aviva Will, Co-Chief Operating Officer of Burford Capital, joins Alicia Downey and Matthew Hall to discuss her career journey from a law firm to a senior executive role at a publicly traded, global litigation finance company. Listen to this episode to learn more about Aviva's current role, the evolution of the litigation finance industry in the U.S. and elsewhere, and The Equity Project--a groundbreaking...

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#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed show art #289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed

Our Curious Amalgam

The failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive. With special guest: Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: Hosted by: Jaclyn...

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More Episodes

When analyzing the competitive effects of a proposed transaction, the U.S. antitrust agencies may attempt to define and assess the potential loss of innovation in a relevant market. But what exactly is "innovation," and how can potential losses (or gains) in innovation be measured? In this episode Alicia Downey and Lijun Zhang speak with Cornerstone Research economist Penka Kovacheva about how economists are attempting to measure the impact of mergers on innovation, with a focus on the pharmaceutical industry. Listen to this episode to learn about whether any of these attempts have been successful and why there is much more work to be done.

With special guest:

Penka Kovacheva, Vice President, Cornerstone Research

Related Links:

Penka Kovacheva, Maria Salgado, Anca Cojoc, & Lorenzo Cattivelli, "The Impact of Pharmaceutical M&A on Innovation: Insights from the Literature and Gaps Remaining"


Hosted by:

Alicia Downey, Downey Law LLC and Lijun Zhang, Freshfields Bruckhaus Deringer LLP